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(영문) 서울중앙지방법원 2015.07.15 2014가단5239474

손해배상(기)

Text

1. Defendant B’s KRW 13,200,000 and KRW 8,200,00 among them to the Plaintiff, respectively, shall be KRW 5,00,00 from December 26, 206 to December 26, 200.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B’s lease relationship 1) around October 2003, the Plaintiff is deemed to be the Plaintiff’s Housing No. 502-dong 807 (hereinafter “instant apartment”).

(1) As to the lease deposit amount of KRW 80,00,000, monthly rent of KRW 350,000, and the lease term of November 20, 2003 (hereinafter “instant lease contract”).

(2) Upon the termination of the instant lease agreement, the Plaintiff returned to Defendant B the sum of KRW 44,00,000,000,000 on December 1, 2006, even though the amount of the lease deposit to be returned on the same day was KRW 69,607,917 calculated by subtracting the rent in arrears and the delayed payment from the original lease deposit, and the amount of the lease deposit to be returned on the same day was KRW 69,607,917.

B. On January 31, 2005, Defendant B borrowed KRW 15,000,000 from Defendant B, a credit service provider, for six months in borrowing period, three percent per month in the first three months interest, and four percent per month thereafter (hereinafter “instant loan”).

2) On February 2, 2005, Defendant B transferred the instant lease deposit claim to E to secure the principal and interest of the instant loan (hereinafter “instant transfer contract”), and notified the Plaintiff of the assignment of the said claim.

C. Defendant B’s criminal disposition 1) On March 15, 2007, the provisional attachment registration for the instant apartment was completed with the acquisition price of KRW 45 million as the preserved right on March 15, 2007. Defendant B, on November 1, 2007, refers to the Plaintiff’s claim and obligation with E, and received the lease deposit.

However, since E provisionally seized the apartment of this case with the acquisition money as the bonds, the defendant B will repay the debt to E by January 31, 2008 and cancel the provisional seizure, and if it violates this, the above acquisition money and the following.