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1. On November 28, 2014, between the Plaintiff and the remaining Defendants, except for Defendant Il Chemical Co., Ltd.
Reasons
1. Basic facts
A. On April 29, 2004, Defendant B Co., Ltd. (hereinafter “E”) leased the lease deposit amount of KRW 87,908,000 to Defendant B Co., Ltd. (hereinafter “Defendant B”) 68 and 7th floor 69 of Yongsan-gu Seoul Metropolitan Government H building F and G respectively.
(hereinafter “each lease of this case”). Each lease agreement of this case has a non-assignment agreement stating that “The lessee cannot claim for the payment of all other obligations to the lessor, such as monthly rent and all other expenses to be paid under this contract with the lease deposit, and it shall not be assigned or sub-lease the right to claim the return of the lease deposit, the right to claim the return of the lease deposit, and the right of the lessee under this contract without the prior approval of the lessor, nor shall it create a pledge or take other measures against it.”
B. On December 15, 2011, when the Plaintiff lent KRW 800 million to Defendant B, the Plaintiff received each of the instant lease deposits from Defendant B to secure the loan claim on the same day, and the Plaintiff notified the transfer of the credit to E on August 14, 2012, and gave notice around that time.
C. On October 22, 2012, Defendant Il Chemical Co., Ltd (hereinafter “Defendant Il Chemical”) received a seizure and collection order as to each of the instant lease deposit claims against Defendant B’s third-party obligor E as Seoul Western District Court 2012TT13926, and served Defendant B with the third-party obligor E on October 24, 2012.
E and Defendant B agreed to terminate each of the instant lease agreements on November 28, 2014.
At the time of termination of the above contract, 175,816,00 won for each of the lease deposits of this case (=87,908,000 won x 2) the deposit remaining after deducting unpaid, rental fees, management expenses, penalty, etc. from each of the lease deposits of this case is KRW 157,475,30.
E. On November 28, 2014, E can be identified who is the creditor by receiving a claim seizure and assignment order, claim seizure and collection order, provisional seizure, etc. of the Defendants.