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(영문) 수원지방법원성남지원 2019.12.10 2018가합410465

보증금반환

Text

1. The Defendants: (a) each of the Plaintiff A paid KRW 117,00,000 to Plaintiff B, and KRW 117,00,000 to Plaintiff B, and each of the said money on February 3, 2019.

Reasons

1. Facts of recognition;

A. On May 13, 2016, Plaintiff B and the Defendants: (a) On May 13, 2016, Plaintiff B and Defendant C, Defendant C, the E-si and the 3rd parcel ground F (hereinafter “F”).

(F) A lease agreement with respect to security deposit of KRW 117,00,000, and the term of lease from June 22, 2016 to June 21, 2018 (hereinafter referred to as “F-lease lease agreement”).

(2) B) Prior to the conclusion of the F Lease Agreement, Defendant D, his wife, shown the H building I (hereinafter “I”) located in G in Gwangju City to the Plaintiff, who sought the full deposit account. At the time of the conclusion of the said Lease Agreement, the right to collateral security was set up in the amount of KRW 130,000 with respect to F, and regarding F, the right to collateral security was set up in the amount of KRW 60,000 with respect to the said amount of KRW 130,000 with the maximum debt amount.

3) The Defendants displayed the copy of the F-ho rental agreement to Plaintiff B while entering into the F-ho rental agreement. Accordingly, Plaintiff B, with the knowledge that this subparagraph is F-ho, entered into the F-ho rental agreement. Plaintiff B paid 117,00,000 won to Defendant C by June 9, 2016. Defendant D moved in as follows: (a) Defendant D moved in as I-ho, not F-ho; and (b) Defendant B moved in as I-ho, instead of F-ho; and (c) Plaintiff B moved in as I-ho, the resident registration address was changed to I-ho.

5) On February 28, 2017, Defendant C received all of the deposit money as seen above, and thereafter, on February 28, 2017, additionally set the right to collateral security at K Union and the maximum debt amount of KRW 72,00,000. (b) Plaintiff A and the Defendants were introduced from Defendant D as the deposit collection of H building M (hereinafter “M”) located in Gwangju L owned by Defendant C, and on May 30, 2016, between Defendant D and Defendant D who represented Defendant C, the deposit amount of KRW 117,00,000,000, and the term of lease from June 22, 2016 to June 22, 2018 (hereinafter “M lease”).