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(영문) 서울남부지방법원 2016.11.23 2016가단25175

양수금

Text

1. The Defendant’s KRW 2,00,000 as well as 5% per annum from July 1, 2016 to November 23, 2016 to the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion is as follows.

C On January 8, 2016, the Plaintiff: (a) transferred KRW 100 million to the Plaintiff the lease deposit repayment claim on the second floor D ground leased by the Defendant (hereinafter “instant leased house”); and (b) notified the Defendant on April 8, 2016; and (c) served the Defendant on April 19, 2016.

C On February 18, 2016, the leased house of this case moved from the leased house of this case to the other place. The defendant must pay KRW 100 million to the plaintiff.

2. The Plaintiff’s assertion is rejected for the following reasons.

There is no objective material that C paid the Defendant the “10 million won” as the deposit for lease. While the Plaintiff submitted the certificate of “A” (a deposit 100 million won fake lease contract), it is difficult to recognize that the “100 million won” was actually received solely on such paper documents in the instant case where the Plaintiff failed to submit the data of KRW 100 million, such as remittance payments.

Rather, according to the lease agreement attached to Eul's certificate (as a notice on the assignment of claims to Eul, the transfer of KRW 10 million out of the lease deposit to E, and the transfer of KRW 20 million out of the lease deposit to Eul is accompanied by the deposit deposit amount of KRW 20 million up to the fixed date as of February 24, 2014, and according to the details of financial data deposited by the defendant from Eul, it is recognized that the lease deposit for the leased house of this case was " KRW 20 million". According to the above evidence, the defendant, on February 4, 2014, acknowledged that the lease deposit for the leased house of this case was " KRW 20 million" as of February 4, 2014, the Defendant leased the leased house of this case to Eul for the period from February 19, 2014 to February 29, 2016, as of February 19, 2016.

[C] Since March 2016, it can be known that the tax was increased by “420,000 won per month” in light of the fact that the tax was deposited in the Defendant each month by KRW 420,000,000 per month. And C is the instant case on June 24, 2016.