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(영문) 수원지방법원 2014.04.29 2013가단210981

약정금

Text

1. The defendant shall pay to the plaintiff KRW 23,479,779 and KRW 22,97,91 among them, from March 28, 2013, and KRW 481,78.

Reasons

1. Facts of recognition;

A. On May 9, 2007, the Plaintiff entered into a lease agreement with the Defendant’s agent, the husband, and the Plaintiff agreed to lease the Friju station on the land outside E and one parcel of land (hereinafter “instant gas station”) with the lease deposit amount of KRW 200 million, monthly rent of KRW 10 million, and the lease period of KRW 15 million from June 15, 2007, respectively (hereinafter “instant lease agreement”). Around that time, the Plaintiff paid KRW 200 million to the Defendant the lease deposit under the instant lease agreement.

B. On or around June 15, 2007, the Plaintiff completed business registration for the gas station business of this case, and thereafter was loaned KRW 330 million from the Han Bank around July 10, 2007.

C. After that, the Plaintiff agreed to terminate the instant lease agreement with the Defendant around April 26, 2009, while running the instant gas station business, and on the other hand, D, the Defendant’s agent, promised to repay the 200 million won rental deposit to the Plaintiff by June 30, 2009.

(hereinafter referred to as the “instant arrangement”) d.

Around March 8, 2010, the Defendant subrogated 200 million won among the Plaintiff’s obligations to Han Bank Co., Ltd., instead of paying KRW 200 million. From July 1, 2009 to March 8, 2010, the Plaintiff paid to Han Bank a total of KRW 23,479,779 won from July 1, 2009 to July 8, 2009 to KRW 200 million: 20 million x 5.41% x 86 days x 365 days x 237,150 won x 237, 90 won x 365 days x 207. 9% from July 9, 2009 to July 10, 2009 x 205 x 36.75 billion x 19.75% from July 19, 2008 x 209