logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.30 2018가단534989
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On November 16, 2011, the network E entered into a lease agreement with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) with respect to F apartment and G (hereinafter “instant apartment”) in Young-gu, Young-gu, Suwon-si (hereinafter “instant apartment”) with respect to F apartment and G (hereinafter “instant apartment”), which is KRW 106,000,000, monthly rent, and KRW 700,000.

On January 14, 2014, the Plaintiff acquired the claim for the refund of the lease deposit amount of KRW 106,000,000 to the Defendant Corporation from E to pay the Plaintiff’s debt, and notified the Defendant Corporation of the transfer of the claim on January 14, 2014.

On January 13, 2014, E submitted a letter of commitment to deliver the apartment of this case to the Plaintiff, if the Plaintiff fails to pay the principal and interest of the loan by the due date or the due date is lost.

E was loaned 84,800,000 won from the Plaintiff on January 20, 2014 by setting the due date of payment of KRW 84,80,000 on January 20, 2016, interest rate of KRW 3.9% per annum, and overdue interest rate of KRW 17.9% per annum.

E paid KRW 106,00,000 according to the lease contract to Defendant Corporation around that time.

E did not pay the principal and interest of the loan to the Plaintiff on January 20, 2016.

On April 5, 2016, the Plaintiff filed a lawsuit against Suwon District Court Decision 2016Kadan104881, which decided on April 6, 2017, that “E shall deliver the apartment of this case to the Defendant Corporation, and the Defendant Corporation shall deliver the apartment of this case from E to the Defendant Corporation, and at the same time deliver the apartment of this case from the Defendant Corporation, the Plaintiff shall pay from KRW 106,00,00 to the Plaintiff the remainder of money obtained by deducting all the claims of the Defendant Corporation against the Defendant Corporation in accordance with the above apartment lease agreement between the Defendant Corporation and the Defendant E from the completion date of delivery of the apartment of this case.” The above judgment became final and conclusive at that time.

On the other hand, on August 7, 2016, E died, and E was tried to waive inherited property as the Suwon District Court 2016Ra2374 on January 18, 2017.

On May 29, 2017, the Plaintiff’s judgment No. 2016Gadan104881 is the executive titles.

arrow