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(영문) 부산고등법원 2018.06.21 2017나57762

임대차보증금

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1. The judgment of the court of first instance is modified as follows.

The defendant is attached to the plaintiff, C, D, E, F, G, H, I, J, K, and L.

Reasons

1. Facts of recognition;

A. 1) M on October 5, 2009, each real estate listed in the separate sheet with the Defendant (hereinafter “instant store”) on October 5, 2009

) A lease agreement under the terms and conditions that each lease deposit is leased KRW 466,300,000 per month, KRW 400,000 per month, and the period from October 5, 2009 to October 4, 2011 (Evidence 3; hereinafter “instant lease agreement”).

(2) While the instant lease contract was implicitly renewed after October 5, 201, M and the Defendant agreed to increase the lease deposit amount to KRW 526,300,000,000. M paid KRW 60,000,00,000 as the increased lease deposit.

Since then, the defendant's attachedO paid M KRW 5,00,000 on September 26, 2013, and KRW 5,000,00 on October 27, 2013, respectively.

3) On December 19, 2013, the Defendant confirmed a letter of confirmation that “The total amount of the instant lease deposit as of December 19, 2013 is KRW 516,300,000, and KRW 50,000,000 among them shall be refunded until May 31, 2014” (Evidence 4, hereinafter “instant letter”).

4) M received respectively the lease deposit of KRW 50,00,000 in total from February 25, 2014 to May 23, 2014, and from January 26, 2015 to April 29, 2015.

B. From January 8, 2010 to April 23, 2012, the Defendant, including the establishment of the instant loan claim, lent a total of KRW 385,00,000 to M without setting the due date for payment as follows:

hereinafter referred to as "loan claim of this case"

. Evidence of interest rate of the amount on the date of lending Nos. 50,000,000 on January 8, 2010, 2010 Eul evidence of 2% per month 5-20% per month on February 20, 2010, 200 Eul evidence of 5-20% per month on April 30, 2010, 230. 2% per month on April 20, 2000, 5 evidence of 34. 10,000,000 per June 10, 2010, 2% per month on June 5, 2010, 5 Eul evidence of 45-5, Sep. 10, 2010.