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(영문) 제주지방법원 2018.02.20 2017가단60316

대여금

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 27,350,000 among the Plaintiff’s counterclaim and KRW 13,350,000 among the Plaintiff’s counterclaim, the Defendant (Counterclaim Defendant) shall have the effect on October 22, 2016.

Reasons

1. Demand for principal lawsuit:

A. 1) On September 6, 2015, the Plaintiff loaned the Defendant KRW 13 million in total, including KRW 3 million on September 6, 2015, KRW 1 million on November 2015, KRW 200,000 on December 28, 2015, KRW 200,000 on January 20, 2016, and KRW 13 million on May 12, 2016. 2) On August 12, 2015, the Plaintiff concluded a contract with the Defendant for the lease of KRW 25 million on behalf of the Defendant, KRW 25 million on a deposit, KRW 26 million on a annual rent, KRW 26 million on a deposit basis, and KRW 25 million on a deposit basis from August 25, 2015 (hereinafter referred to as the “instant building”).

3) The Defendant received the instant building from C on May 27, 2016, and completed the registration of ownership transfer on June 2, 2016. 4) The Plaintiff and the Defendant terminated the said lease contract (hereinafter “instant lease contract”) on August 2, 2016, and on August 8, 2016, the Defendant leased the instant building as KRW 25 million, annual rent of KRW 26 million, annual rent of KRW 26 million, and period of lease from August 15, 2016.

5) The Plaintiff was paid KRW 11 million out of the lease deposit amount of KRW 25 million under the instant lease agreement, and the remainder of KRW 14 million was not paid by E. 6) The Plaintiff paid KRW 350,000 as the repair cost of the water pipe transmission method on January 26, 2016 under the lease term.

[In the absence of any dispute, Gap 1 through 3 evidence, Gap 12 and 13 evidence, witness E's testimony, the purport of the whole pleadings]

B. The judgment on the cause of the claim can be deemed as having succeeded to the lessor’s status of the instant lease agreement from C.

The Defendant is obligated to pay to the Plaintiff a total of KRW 13 million and KRW 13,50,000,000 and KRW 14,000,000,000 and KRW 3,50,000,00,000,00 for water pipes and pipes (the lessee is obligated to maintain the object as necessary for use and profit-making, and the lessee is obligated to pay the said expenses.

Therefore, the defendant 2,7350,000 won to the plaintiff 1.