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(영문) 서울고등법원 2016.04.26 2015나14374

임대차보증금

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. On April 14, 2004, Plaintiff A lent KRW 100 million to D Co., Ltd. (hereinafter “D”) on October 14, 2004 and the rate of 5% per month of interest. Plaintiff B loaned KRW 100 million on April 12, 2004 to D by determining the due date as KRW 4% per month of interest.

B. While the Plaintiffs were unable to receive each of the above loans from D, the Plaintiff was present at H and the Defendant, the wife of D’s representative director on June 21, 2013, along with G, who is another creditor of D, and Plaintiff B, with respect to the lease deposit amounting to KRW 50 million for the lease deposit and the lease deposit amounting to KRW 227,237,238,239 for the lease deposit amounting to KRW 50 million for the lease deposit and the lease deposit amounting to KRW 240,241, 245, 246, 253, 267, 276, 2777 and 277 for the lease deposit amount from the Defendant, and the Plaintiff B shall be entitled to receive the lease deposit amounting to KRW 100 million for the lease deposit amount at the maturity of each month, and the agreement shall not be withdrawn when the Defendant had to pay the lease deposit at the maturity of each month.

(c) The Plaintiffs prepared a written contract to establish a chonsegwon with the Defendant on June 25, 2013, which provides that the payment of interest at 0.9% per month shall be made when the payment of the deposit is not possible by the due date, and each of the following is completed on June 28, 2013: < Amended by Presidential Decree No. 240, Dec. 240, 241; Presidential Decree No. 245, Feb. 245, 246, 256, 253, 267, 276, 277, and 10 million won until September 20, 2013; Presidential Decree No. 22777, Sep. 20, 2013; Presidential Decree No. 23785, Mar. 238, 200; Presidential Decree No. 24775, Mar. 23, 2005>

D. After that, between the Defendant and the Defendant on August 21, 2013, the Plaintiffs decided to increase each of the above key key money by KRW 50 million for each Plaintiff, and it shall be paid with KRW 100 million for each of the above key key money at the time when each of the above key key money expires ( September 20, 2013), and the Defendant shall be paid with KRW 100 million for each of the above key key money.