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(영문) 서울중앙지방법원 2020.12.18 2019나48594

양수금

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1.The judgment of the first instance, including the Plaintiff’s claim extended, reduced and added in this Court, shall be as follows:

Reasons

1. Basic facts

A. The Defendant is the owner of Yeongdeungpo-gu Seoul apartment house D (hereinafter “instant real estate”).

B. As to the instant real estate, the apartment lease contract (hereinafter “instant lease contract”) entered into on July 16, 2015 with the purport that the Defendant’s husband and wife set the lease deposit amount of KRW 100,000,000, and the term of lease from May 25, 2015 to May 24, 2017, with the effect that the Defendant is holding office (the maturity of the existing lease contract is May 24, 2015).

On the other hand, under the lease contract of this case, the seal stating "B" is affixed to the name of the defendant stated in the column of the lease contract of this case in Korean.

(hereinafter referred to as the “instant lease agreement”) expressed in the instant lease agreement.

① On July 17, 2015, E borrowed KRW 10,00,00 from the Plaintiff operating a lending company with the name of F, at the rate of 2.9% per month, at the rate of delay damages, at the rate of 34.9% per annum, and on September 16, 2015, E transferred to the Plaintiff the claim for return of the lease deposit under the instant lease agreement with the Defendant under the instant lease agreement (hereinafter “the claim for return of the lease deposit in this case”) to the Plaintiff for securing the above loan obligation, and on July 20, 2015, E sent the fact of the said transfer of the lease by mail with the receiver as the Defendant by content-certified mail.

② After that, E, on December 22, 2015, agreed that KRW 2.9% per month, interest rate of KRW 5,000,000 per annum, KRW 34.9% per annum, and KRW 5,00,00 per annum on May 23, 2017 shall be set as the due date. On July 16, 2016, KRW 2.32% per month, interest rate of KRW 5,000,00 per annum, interest rate of KRW 27.9% per annum, due date of payment, and KRW 27.9% per annum, and the repayment period of KRW 15, 2016 shall be set as the repayment of the lease deposit of this case between the Plaintiff and the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination:

A. The party's assertion (1) the plaintiff (1) is the primary claim.