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(영문) 의정부지방법원고양지원 2017.11.01 2016가합936
권리확인
Text

1. D D D’s deposit of KRW 220,00,000,00,000 deposited by the High Court of Suyang Branch on March 13, 2012 in gold No. 732 in 2012.

Reasons

1. Basic facts

A. On January 13, 2010, Defendant B leased (hereinafter “instant lease deposit”) No. 101,504, Dongdong-gu, Yongsan-gu, Seoul Special Metropolitan City (hereinafter “instant housing”) from D to KRW 220,000,000 (hereinafter “instant lease deposit”) with the lease deposit period from January 27, 2010 to January 26, 2012.

B. On March 18, 2010, Defendant C lent KRW 1,50,000 to Defendant B and Nonparty F on March 28, 2010 at the due date for reimbursement of KRW 1,50,000,000. However, Defendant B transferred the right to return the lease deposit of this case from Defendant B as security.

On March 31, 2010, Defendant C sent to D a notice of assignment of claims to notify the transfer of the claim to return the above lease deposit by content-certified mail.

C. On June 3, 2010, the Plaintiff deducted the interest rate of KRW 130,00 (hereinafter “instant loan”) from June 3, 2010, 24 months from the date of the loan, the interest rate of KRW 36% per annum for the first three months, and 48% per annum for the subsequent three months, and the interest rate of KRW 1% per annum on the condition that the interest shall not be delinquent at least four minutes per annum; however, if the interest was in arrears at least six times, 49% per annum shall be applied; and as a security, the Plaintiff was transferred the right to refund the instant lease deposit from Defendant B.

The FF delegated the notification of the assignment of claims by Defendant B to D on behalf of Defendant B, sent the notification of the assignment of claims to D on June 14, 2010, and delivered D on June 15, 2010.

The sender of content-certified mail refers to G that appears to be the representative director of the Plaintiff at the time, or Defendant B’s name and seal is affixed to Defendant B, and the name and seal of Defendant B’s “Agent F” is affixed next thereto.

D On March 13, 2012, the High Government District Court Decision No. 732, 2012, 'Depositr' received a notice of transfer on June 14, 2010 to the effect that the Defendant B was liable for the return of the housing lease deposit amount of KRW 220,000,000 against the Defendant B, and that the said claim was transferred to the Plaintiff, and that another creditor was transferred to the Defendant C.

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