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(영문) 청주지방법원 2016.10.26 2015가단16583
임대차보증금
Text

1. The Defendants each of the KRW 15 million to the Plaintiff and the Plaintiff’s 5% per annum from March 26, 2015 to October 26, 2016.

Reasons

1. Facts of recognition;

A. On March 6, 2015, Nonparty D entered into a contract with the Defendants to sell each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) at KRW 600 million with the purchase price.

As to each real estate of this case, the registration of ownership transfer was completed on the same day as the Cheongju District Court received 30292 on the same day.

B. On January 13, 2015, the Defendants decided to set up a collateral security on each of the instant real estate and take over a debt equivalent to KRW 200 million borrowed by D with the repayment obligation of D’s deposit for lease under a lease agreement concluded by each unit of the building among the instant real estate in the manner of payment for the purchase price.

C. On October 6, 2015, D transferred to the Plaintiff KRW 30 million out of the total amount of KRW 77 million claims against the Defendants for the remaining payment (=60 million - KRW 323 billion - KRW 200 million), and notified the Defendants of the transfer, and thereafter, notified the Defendants of the transfer, thereby reaching the Defendants’ intent of the transfer notification around that time.

【Fact-finding without dispute over the grounds for recognition】No dispute, Gap evidence 2 through 5, Eul evidence 1 (including each number for more than one), witness E, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are obligated to pay damages for delay at the rate of 15% per annum under the Civil Act from March 26, 2015 to October 26, 2016, which is the date when the registration of ownership transfer with respect to each of the instant real estate was completed in the future of the Defendants, to the Plaintiff, a transferee of KRW 30 million out of the purchase-price claims against the Defendants as to D, with respect to the amount of KRW 15 million, respectively, and the Plaintiff is obligated to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

The Plaintiff asserts that the Defendants are jointly and severally liable to pay KRW 30 million, but the Defendants are jointly and severally liable to pay each of the instant real estate in their business relationship.

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