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(영문) 대구지방법원 2015.10.29 2014가합204356

임대차보증금

Text

1. The Defendant’s KRW 241,724,579 for the Plaintiff and KRW 5% per annum from January 22, 2015 to October 29, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. On February 17, 2011, the Plaintiff leased (hereinafter referred to as the “instant lease agreement”) a lease deposit of KRW 600 million to the Defendant for the loans of KRW 1.8 billion against the Plaintiff’s East Daegu Agricultural Cooperatives (hereinafter referred to as the “Donggu Agricultural Cooperatives”) located in Daegu Suwon-gu, Daegu-gu (hereinafter referred to as “instant commercial building”) and KRW 1.8 billion to the Defendant for the loans of KRW 101,102 and KRW 201 to the Defendant (hereinafter referred to as “instant commercial building”).

(A) Evidence No. 1). (b)

On March 21, 2011, the Plaintiff entered into an additional agreement with the Defendant to change the lease deposit amount to KRW 700 million if the lease deposit of the instant lease contract was increased to KRW 600 million from KRW 650 million, and if the registration of provisional attachment on May 31, 201 is not terminated by May 31, 201, the Plaintiff entered into an additional agreement to change the lease deposit amount to KRW 700 million.

(A) Evidence No. 1 (c)

In relation to the instant lease agreement, the Defendant paid KRW 673,896,316 to the Plaintiff as the lease deposit.

(No. 2) d.

On the other hand, on March 15, 201, the Plaintiff transferred the ownership of all the movables, such as golf screen golf machinery 10,000 (hereinafter “the instant movables”) in the instant commercial building to the Defendant for the security of KRW 600 million, and when the Plaintiff returned the said lease deposit to the Defendant, the ownership of the instant movables shall be reverted to the Plaintiff at the same time, and the Defendant shall immediately deliver the instant movables to the Plaintiff. However, if the Plaintiff fails to pay the said lease deposit to the Defendant by March 31, 2016, the Defendant disposed of the instant movables and appropriated them for the repayment of the said lease deposit, but did not dispose of the said deposit by a third party on or before March 31, 2016 (hereinafter “instant transfer contract”). The Plaintiff concluded a notarial deed with the content as above on March 16, 2011.

(Evidence 1, 9-21).