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(영문) 의정부지방법원 2020.08.27 2018가단130503

대여금

Text

The Defendants jointly and severally pay to the Plaintiff KRW 37,43,816 and KRW 37,422,043 from June 6, 2015.

Reasons

1. Basic facts

A. On June 18, 2010, the Plaintiff entered into a lease agreement with Defendant B’s husband D to lease the second floor office (hereinafter “instant office”) among the E-commercial buildings in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant office”) with the lease deposit of KRW 15 million, monthly rent of KRW 1.7 million, and the lease period of KRW 10,000,000 per month from July 10, 201 to July 9, 2012 (hereinafter “instant lease agreement”).

B. Around that time, the Plaintiff paid the lease deposit to D and operated a private teaching institute with the delivery of the instant office, and transferred the rent of KRW 1.7 million each month to the bank account in the name of D managed by Defendant B, or to the bank account in the name of D and F, his/her father and wife.

(hereinafter the Plaintiff’s transfer to a bank account in the name of D or F managed by Defendant B is merely a remittance to Defendant B. (C)

On March 1, 2012, the Plaintiff remitted KRW 50 million to Defendant B, and thereafter, the Plaintiff would no longer pay rent under the instant lease agreement. On July 9, 2012, the Plaintiff continued to use the instant office after the expiration of the lease term under the instant lease agreement, and transferred KRW 500,000 to Defendant B on August 10 and September 10, 2012, the date of payment of rent.

In addition, on October 8, 2012, the Plaintiff remitted KRW 25 million to Defendant B, and thereafter, the Plaintiff did not pay any money any more than 10 days every month from October 10, 2012, the date of payment of rent under the instant lease agreement, and Defendant B remitted KRW 10 million to the Plaintiff on November 9, 2012.

E. On October 20, 2014, the Plaintiff agreed to enter into the instant lease agreement with D, and then delivered the instant office to D. Defendant B returned KRW 15 million to the Plaintiff on behalf of D, and transferred KRW 3 million to the Plaintiff on December 17, 2014.

F. Meanwhile, Defendant G on January 7, 2015.