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(영문) 의정부지방법원 2017.02.02 2015가단117196

구상금

Text

1. The Defendant’s KRW 14,210,667 as well as the Plaintiff’s annual rate from September 3, 2013 to February 2, 2017.

Reasons

1. Basic facts

A. On March 12, 2008, the Plaintiff purchased from D the purchase price of KRW 54,000,000 on behalf of the Defendant, C Housing Operation 302 (hereinafter “instant building”).

B. 1) The Defendant granted the Plaintiff the authority to dispose of the instant building 1, and agreed to occupy and use the instant building 1 free of charge. In addition, around the above time, the Defendant lent the national bank account in the name of the Defendant (Account Number E) to the Plaintiff so that the Plaintiff can use the national bank account in the name of the Defendant in the process of disposing of the instant building 1.

C. On September 29, 2009, the Plaintiff entered into a lease agreement between F and F on behalf of the Defendant: (a) entered into a lease agreement between F and F, which covers KRW 20,000,000 for the instant building; (b) received the down payment of KRW 1,00,000 for the same day; (c) withdraw the remainder of the lease deposit from the money transferred to the account under the name of the Defendant; and (d) deposited KRW 8,00,000 for the said money in the Plaintiff’s account in the name of the Plaintiff’s husband; and (b) deposited KRW 10,000,000 for the said money in the name of G account under the name of the Plaintiff’s husband.

1) On August 1, 2011, the Plaintiff entered into a lease agreement between H and H (hereinafter “instant lease agreement”) with respect to the instant building between H and H in the Defendant’s name, and between the lease deposit amount of KRW 50,00,000 and the lease term of KRW 50,000 with respect to the instant building (hereinafter “instant lease agreement”) from September 3, 201 to September 3, 2013.

(2) On August 1, 201, H concluded the instant lease agreement, entered the name of the Defendant, affixed the seal under the name of the Defendant, and then affixed the seal thereto. (2) On August 1, 2011, H remitted the down payment of KRW 5,00,000 to the Defendant’s national bank account in the name of the Defendant, and KRW 25,000,000 as part of the balance on September 2, 2011, and the Plaintiff withdrawn the deposited lease deposit.

In addition, H paid the remainder of the lease deposit to the Plaintiff KRW 20,000,000.

3 The plaintiff is against F, a lessee before September 3, 201.