(영문) 서울동부지방법원 2018.12.21 2017가단20983

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(영문) 서울동부지방법원 2018.12.21 2017가단20983

임대차보증금 반환

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1. The Defendant shall pay to the Plaintiff KRW 23,661,200 as well as KRW 12,074,432 from October 22, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 27, 201, the Plaintiff leased KRW 22 million to C, the father of the Defendant, at an interest rate of 3% per month, and on the same day, the Plaintiff is owned by Yangyang-gun Ddong Yangyang-gun, the ownership of which has been registered under the name of the Defendant on the same day.

With respect to 110.25 square meters (hereinafter “the instant building”), the establishment registration of the mortgage against the debtor was completed with respect to the Domina Domina Domina Domina 110.25 square meters (hereinafter “the instant building”).

(2) The Plaintiff received a promissory note (Evidence A) from Defendant 22 million won from the issuer for the purpose of securing the above loan claim. In addition, the Plaintiff received a promissory note (Evidence A2) from Defendant 22 million won.

B. On April 7, 2011, the Plaintiff leased KRW 11 million to C, and on April 7, 2011, the Plaintiff received from C a promissory note with a maturity of KRW 13 million (No. 495, a notary public E office document of 2011; hereinafter “instant promissory note”) from C for its payment.

C. Upon the reduction of C around September 2013, the Plaintiff urged C to reimburse the building of this case, and C, upon the discharge of the building of this case, said C, upon setting aside the building of this case, said C to repay it within three days.

On September 2013, the Plaintiff and the Defendant met with a certified judicial scrivener office. The Plaintiff and the Defendant presented to the Defendant the Promissory Notes in the name of the Defendant, and the obligor, and leased C the amount of KRW 2 million on January 27, 2011, and KRW 13 million on April 7, 2011. The Plaintiff and the Defendant requested C to prepare and request a request for a replacement of the amount of KRW 50 million on the instant building, on the ground that C’s other creditors G paid expenses on behalf of the Plaintiff for auction to the instant building (Sacheon District Court Branch H), etc.

Accordingly, the defendant can prepare a lease contract for the building of this case in which the deposit amount is KRW 50 million.

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