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(영문) 인천지방법원부천지원 2020.09.16 2020가단101142

임대차보증금

Text

The Defendants jointly share the Plaintiff with KRW 100 million and against the Plaintiff, Defendant B, as of February 26, 2020, and Defendant.

Reasons

In fact, on May 31, 2010, the Plaintiff entered into a lease agreement with D (Representative Defendant C) to lease “Fma” on the first floor of the building E in Seopo-si, Seopo-si, Jeju, from June 14, 2010 to June 14, 2013, to lease the lease deposit amount of KRW 100 million.

Defendant B (hereinafter “Defendant B”) drafted a receipt on June 14, 2010 that he received the lease deposit amount of KRW 100 million.

On November 24, 2011, Defendant C prepared a letter of intent to repay KRW 100 million to the E-building deposit by January 31, 2012 at Seopopopopo City, Seopopo City, Seopo-si, 201, and issued the said letter to the Plaintiff.

[Based on recognition] - The parties to the confession (Article 150(3) and (1) of the Civil Procedure Act) - The parties to the confessions (Article 150(3) and (1) of the Civil Procedure Act - The parties to the lawsuit against the defendant Eul are obligated to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 26, 2020 to the date of delivery of a copy of the complaint of this case sought by the plaintiff to the plaintiff, as the parties to the lawsuit against the defendant Eul did not dispute over the plaintiff Eul without submitting the plaintiff's response pursuant to Article 150(3) and (1) of the Civil Procedure Act.

According to the facts found in the judgment on the claim against Defendant C, Defendant C prepared a letter of intent to pay KRW 100 million to the Plaintiff, and the obligation to pay the agreed amount under the above letter to the Plaintiff.

On the other hand, since the above documentary obligations are indivisible with the obligation to return the lease deposit for the same real estate of Defendant B, Defendant C jointly with Defendant B to promote the lawsuit from February 25, 2020 to the day of complete payment, which is the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff, as the agreed amount of KRW 100 million according to each written contract and its payment period.