logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.14 2018가단5259315
구상금
Text

1. Defendant B and C jointly share KRW 263,250,43 with respect to the Plaintiff, as well as the year from November 8, 2018 to April 5, 2019.

Reasons

1. Basic facts

A. On January 20, 2017, Defendant D and Defendant B drafted a deposit agreement of KRW 305,000,000, and the period from February 17, 2017 to February 16, 2019 (hereinafter “instant lease agreement”).

B. On February 15, 2017, Defendant B obtained a fixed date in the instant lease agreement, and on February 17, 2017, Defendant B entered into an agreement on loan transactions of KRW 244,000,000 with G (hereinafter “G”) on the basis of the instant lease agreement.

C. In order to guarantee the repayment of the above loan, Defendant B entered into a guarantee contract with the Korea Housing and Urban Guarantee Corporation for a security deposit for lease on a deposit basis (hereinafter “the instant guarantee contract”) with the amount of KRW 244,00,000,000, and transferred the claim for refund of KRW 305,000,000 to Defendant D to the Korea Housing and Urban Guarantee Corporation, and Defendant D consented to the said assignment of claim.

On the other hand, the Plaintiff entered into an insurance contract with G to February 16, 2019, with the insurance period from February 17, 2017 to February 16, 2019, for the right to a monthly loan loan (hereinafter “instant insurance contract”) with the compensation period within the limit of KRW 268,400,000, in a case where losses were incurred in connection with the instant loan.

E. On February 20, 2017, Defendant B left the instant real estate after having made a move-in report, and on April 3, 2017, the third party made a move-in report.

F) Defendant C entered into a sales contract with Defendant D with the content that the purchase price of the instant real estate shall be KRW 310,000,000 (a contract deposit shall be KRW 5,000,000, the balance shall be KRW 305,000,000, and the remainder shall be KRW 3005,000,000, and Defendant C succeeds to the obligation to refund the security deposit for lease deposit against Defendant B, and entered into a sales contract in lieu of the remainder payment. The registration of ownership transfer was completed on July 5, 2016 with respect to the instant real estate as of March 7, 2017, based on sale and purchase as of April 4, 2017.

arrow