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(영문) 광주지방법원목포지원 2015.08.13 2014가단6549

대여금

Text

1. The Defendant amounting to KRW 25 million to the Plaintiff and the Plaintiff’s annual rate of 5% from May 21, 2014 to August 13, 2015.

Reasons

1. Basic facts

A. The Plaintiff, as an unregistered credit service provider, had a loan claim against C and D. However, as C and D were difficult to repay the above loan debt against the Plaintiff, the Plaintiff transferred the right to use and benefit from the E-ground building (hereinafter “instant building”) to the Plaintiff instead of the Plaintiff.

B. Around August 6, 2009, the Plaintiff’s land owner and the Defendant’s mother-friendly F, to operate main points in the instant building, concluded a contract with the Plaintiff to lease the said building at KRW 10 million as security deposit, KRW 70 million as security deposit, and KRW 70 million as security deposit (hereinafter “instant lease contract”). The Defendant’s name, resident registration number, and F’s telephone number are stated in the “Lessee” column of the contract prepared at the time.

In the real estate lease contract, deposit of KRW 10 million / monthly rent of KRW 1.2 million / monthly rent of KRW 1.2 million (payment on August 18, 2009) shall be paid to the lessor at the time of the contract, and the intermediate payment of KRW 15.5 million shall be paid on August 15, 2009, and the remainder of KRW 10 million shall be paid on August 18, 2009, and the remainder of KRW 10 million shall be paid on August 6, 2009, the pre-paid period of the building of this case shall be 24 months from the date when the lessee ordered real estate.

C. In addition, with respect to the payment of money under the instant lease agreement, the Plaintiff and F prepared a cash custody certificate (hereinafter “the cash custody certificate of this case”) with the following contents, and the name of the Defendant is indicated as well as F.

The Cash Storage Certificate No. 50 million won: The amount of KRW 50 million shall be calculated on a daily basis to the Plaintiff as the outstanding amount of the premium for the lease of the instant building (former G building) and the remainder to be paid for a year from August 20, 2009 (from August 20, 2009) shall be calculated as 2% per month (25 million won). The premium of KRW 70 million shall be valid for a two-year period - the Defendant - the lessee: the Plaintiff - the Plaintiff.

D. F is the trade name of “H” in the instant building from August 2009 to February 2, 2012.