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(영문) 서울서부지방법원 2018.06.01 2017가단205076

보증채무금

Text

1. Defendant C’s KRW 192,425,00 for the Plaintiff and KRW 5% per annum from July 1, 2002 to June 1, 2018.

Reasons

1. Facts of recognition;

A. Defendant B is the representative director of social welfare foundation D (hereinafter “D”), and Defendant C is the husband of Defendant B.

B. Around November 12, 1998, the Plaintiff: (a) around 110 square meters from D; (b) KRW 26,00,000,000 as the lease deposit; (c) KRW 300,000,000 as the lease deposit; (d) KRW 40,000 as the lease deposit; (e) KRW 40,000,000 as the lease deposit; and (e) KRW 30,000 as the right-hand office of the first ground, KRW 5,00,000 as the lease deposit; and (e) KRW 20,00 as the first ground warehouse, KRW 5,00,00 as the lease deposit; and (e) KRW 30,00 as the lease deposit; and (e) KRW 13,00,000 as the lease deposit was each leased until December 1, 199.

The Defendant asserts to the effect that D only entered into the lease of this case with the Plaintiff, and that the Plaintiff did not enter into the lease of this case from Nos. 2 to 5. However, the Plaintiff’s ground for settlement of KRW 192,425,00 in the balance of the lease deposit under the payment note (Evidence No. 7), the promissory note No. 8 (Evidence No. 9), and the payment plan (Evidence No. 9) can be considered to have exempted the Plaintiff from the lease deposit of this case from KRW 380,000 (= KRW 260,000,000, KRW 5,000, KRW 700,000, KRW 400,000, KRW 5,0000, KRW 5,000, KRW 5,000, KRW 5,000) to the remainder of KRW 172,00,000, KRW 505,005).

When the lease of this case expired on November 12, 1999, the Plaintiff delivered the leased object of this case, and D is out of the lease deposit to the Plaintiff on January 15, 2001.