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(영문) 의정부지방법원 고양지원 2018.04.20 2017가합1288
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, who is engaged in the Smarket business, etc. entering into a lease agreement, leased his/her stores within three points in Smarkets and received the full amount of the lease deposit (hereinafter “the lease deposit of this case”) from C as shown in the following table.

(A) The lease deposit term for the location of the store under the lease contract (including evidence Nos. 1 and 2, hereinafter the same shall apply). The lease contract term is 100 million won from February 1, 2013 to January 31, 2014, the Seoul, Eunpyeong-gu Seoul, Seoul (hereinafter referred to as “inland”) 150 million won from April 27, 2015 to April 26, 2016, on December 15, 2015, the amount of KRW 150 million from January 16, 2015 to April 14, 2015.

C transferred the claim for the refund of the lease deposit of this case to the Plaintiff as indicated in the following table, and sent the notice of the transfer of claims to the Defendant by content-certified mail:

(A) Notice Nos. 2 and 3. (Transfer Date of Notice of Claim for Return of Lease Deposit, which is the object of the assignment of claims, is sent. On January 5, 2015, 2015, KRW 100 million,000,000,000 on June 10, 2015, KRW 100,000,000 on June 25, 2015, KRW 150,000,000 on January 25, 2016.

On April 26, 2016, the Defendant returned the lease deposit amount of KRW 62,320,000 to C, and KRW 88,000,000,000, and KRW 150,000,000,00,000,00 for the lease deposit with respect to the Incheon store on April 28, 2016.

(Evidence No. 12) / [Grounds for Recognition] Gap 1 to 5, Eul 1 and 12, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion that the plaintiff acquired the claim for the return of the lease deposit of this case and the notification of the transfer of claim related thereto reaches the defendant. Thus, the defendant is obligated to pay the above KRW 300,320,000 to the plaintiff.

B. (1) Determination is made by C with respect to the issues in the year.

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