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(영문) 서울중앙지방법원 2015.09.22 2014나42652
양수금
Text

1. The judgment of the first instance is revoked, and the plaintiff's claim against the defendants is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. (1) The Plaintiff is a person who leased KRW 6,00,000 to D on February 23, 2010, and entered into a contract with D to transfer KRW 9,600,000 (hereinafter “the instant transfer of claims”) out of the lease deposit repayment claims against the Defendants under Gangseo-gu Seoul Metropolitan Government 107dong 1004 (hereinafter “instant house”).

(2) The Defendants entered into a contract with D on November 15, 2008 to lease the instant house with the lease deposit of KRW 115,000,000 (hereinafter “instant lease deposit”) and the lease term of KRW 24 months (hereinafter “instant lease contract”).

B. On November 16, 2009, KRW 45,000,000, out of the claims to return the lease deposit of this case, D entered into a contract to transfer to F on April 22, 2010.

In addition, on January 27, 2010, D entered into a contract to transfer KRW 50,000,000 among the claims for the return of the lease deposit of this case to G.

(2) The Defendants and D agreed to terminate the instant lease agreement on September 16, 2010.

The Defendants, on the same day, deposited 57,292,630 won remaining after deducting overdue rent, etc. from the instant lease deposit, on the grounds that there is a person asserting that the claims for the refund of the instant lease deposit were transferred, and that it is difficult to see who is the right holder.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Eul evidence 1-4, the purport of the whole pleadings

2. Determination as to the cause of claim

A. (1) The Plaintiff’s assertion (1) acquired the amount of the instant transfer of claims for the refund of the lease deposit of this case with the assignment of claims of this case.

The Defendants, as the obligor to refund the lease deposit of this case, are jointly and severally liable to pay the Plaintiff the acquisition money of this case and the delay damages.

(2) The defendants' assertion.

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