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(영문) 수원지방법원 2018.09.21 2018가단10421

손해금

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1. The Defendant’s KRW 34,430,00 for the Plaintiff and KRW 5% per annum from March 1, 2018 to April 27, 2018.

Reasons

1. Basic facts

A. On January 24, 2017, the Plaintiff: (a) on January 24, 2017, leased KRW 50 million to C; and (b) on January 10, 2018, at the interest rate of 25% per annum.

(hereinafter “instant loan”). (b) The instant loan

C At the time of the instant lease, as to the Plaintiff’s land and building D and E, the lessee C, the lessor, the Defendant, the lease deposit amounting to KRW 50 million, and the lease contract from November 12, 2016 to November 28, 2019, which was concluded from November 28, 2019, decided to transfer the lease deposit repayment claim to the Plaintiff.

C. Accordingly, on January 24, 2017, the Plaintiff drafted a written consent from the Defendant to confirm that the Plaintiff would pay KRW 50 million to the Plaintiff upon the termination of the lease term (hereinafter “written consent for the confirmation of the lessor of this case”).

However, the lease deposit under the lease contract concluded between C and the defendant was KRW 10 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 9, the purport of the whole pleadings

2. According to the above fact-finding on the cause of the claim, the defendant is obligated to compensate the plaintiff for the damages sustained by the plaintiff, since C is obligated to compensate the plaintiff for the damages incurred by the plaintiff, since C is obligated to prepare a false lease agreement with the terms and conditions of the lease deposit amounting to KRW 50 million, which consists of KRW 10,000,000, and to borrow money from the plaintiff as collateral and borrow money from the plaintiff as collateral.

Furthermore, unless there are other special circumstances, the amount of damages caused by the act of acquiring money by borrowing money is equivalent to the amount of borrowed money granted at the time of the tort. Therefore, the defendant was paid to the plaintiff at KRW 50,000,000.