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(영문) 서울중앙지방법원 2016.03.23 2015가단86207

구상금

Text

1. The Defendant: (a) KRW 75,00,000 and the Plaintiff’s annual rate from April 4, 2015 to May 27, 2015; and (b) May 28, 2015.

Reasons

1. Determination on the cause of the claim

A. The fact of recognition (1) The Construction Co., Ltd. (hereinafter “Treatment Construction”) entered into a lease agreement with Heinman C&C Co., Ltd. with the term of KRW 75 million on the lease deposit and the term of January 24, 2015, setting the lease deposit of KRW 75 million and the lease deposit of KRW 75 million on the lease deposit.

(2) Since February 4, 2014, the Defendant purchased the instant real estate between Heinman S&C during the term of the said lease, and acquired the status as a lessor under the said lease agreement, and acquired the obligation to refund the lease deposit for Heinman Construction by deducting the deposit KRW 75 million from the purchase price.

(3) On March 1, 2014, Daewoo Construction entered into a lease agreement with the Defendant to lease the instant real estate (hereinafter “instant lease agreement”) with a term fixed from March 1, 2014 to January 24, 2015, by setting the lease deposit amount of KRW 75 million and the term of lease from March 1, 2014 to January 24, 2015.

(4) Furthermore, on March 14, 2014, the Plaintiff entered into a contract between the Plaintiff and the Plaintiff on the guarantee of security for lease deposit with the Defendant’s obligation to return the lease deposit under the instant lease agreement, with the insurance period of KRW 75 million, and the guarantee of security for lease on a deposit basis from March 1, 2014 to February 23, 2015.

(5) Although the instant lease agreement has expired on January 24, 2015, the Defendant did not refund the lease deposit, and the Plaintiff paid KRW 75 million of the insurance proceeds on April 3, 2015.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 12 (including each number), the purport of the whole pleadings

B. According to the above facts of determination, the defendant, in subrogation of the construction of treatment, requested the plaintiff to pay a deposit for lease on behalf of the plaintiff 75 million won and the payment date of the insurance money on April 4, 2015, the delivery date of the copy of the complaint, from May 27, 2015.