beta
(영문) 전주지방법원군산지원 2015.01.13 2014가단3936

전세보증금

Text

1. The Defendant’s KRW 52,943,400 among the Plaintiff and KRW 50,000 among them, shall be KRW 2,943,400 from July 26, 2012, and KRW 2,943,400.

Reasons

1. The Plaintiff, on March 9, 2010, leased (hereinafter “instant lease agreement”) a lease deposit of KRW 50,000,000, and the lease period from March 9, 2010 to March 9, 2012, the Plaintiff jointly and severally guaranteed the Plaintiff’s obligation to return the said lease deposit to the Plaintiff.

On February 10, 2010, the Plaintiff paid 5,000,000 won out of the lease deposit to C, and the same year.

3. 10. C paid the remainder of 45,000,000 won to the E-name account designated by C.

On May 20, 201, the former North Korean University Community Credit Cooperatives applied for a voluntary auction on the housing of this case, and received a decision to commence voluntary auction from this court, and G purchased the housing of this case through the said voluntary auction procedure.

G filed a lawsuit against the Plaintiff and his wife for the delivery of the instant house and the return of unjust enrichment (Seoul District Court 2012Gadan9794), and the Plaintiff and H transferred the instant house to G around July 26, 2012, and the same year.

8.3. The action was withdrawn upon payment of 2,000,000 won agreed upon.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 10-1, 13, 14, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff sought payment of KRW 50,000,000 for lease deposit and delay damages therefor to the Defendant, a joint and several surety for the repayment of the instant lease deposit. (2) The Plaintiff leased KRW 58,280,000 to the Defendant from May 12, 2010 to July 8, 2011. Meanwhile, the Plaintiff was paid KRW 38,180,000 in total with interest or principal, and thus, the Plaintiff sought payment of the principal amount remaining against the Defendant and the delay damages therefrom.

3) The Plaintiff against the Defendant: (a) KRW 820,00, out of the unmanned expense charges out of the KTel set up in the instant housing from July 2010 to February 2012 (=41,000 per month).