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(영문) 광주지방법원 2016.03.23 2015가단527293
대여금
Text

1. The Defendant’s KRW 60,000,000 as well as the annual rate of KRW 5% from February 6, 2014 to November 9, 2015 to the Plaintiff.

Reasons

1. Facts of premise;

A. On January 11, 2010, the Plaintiff entered into a lease agreement with C and D, setting the lease deposit amount of KRW 150,000,000, and the lease period from February 6, 2010 to February 5, 2012 (hereinafter “instant lease agreement”).

B. The Defendant paid C a down payment of KRW 15,00,000,000, and paid KRW 20,200,000 on February 5, 2010 to C and D’s agent, and on the same day, G transferred KRW 114,80,000 out of the Defendant’s shares investment amount kept by G to F.

C. As of January 11, 2010, the Defendant entered into a lease agreement with C and D, setting the lease deposit amount of KRW 150,000,000, and the lease period of the instant building from February 6, 2010 to February 5, 2012 (hereinafter “second lease agreement”) and agreed to substitute the money paid under the first lease agreement for the lease deposit under the second lease agreement.

On February 6, 2012, the Defendant concluded a lease agreement with C and D to lease the instant building with a fixed lease deposit of KRW 180,00,000,000, and from February 6, 2012 to February 5, 2014 (hereinafter “third lease agreement”). Upon request of the Plaintiff, the Defendant paid KRW 30,000,000 to D on January 31, 2012 upon receipt of a request from the Defendant to pay the increased deposit.

E. After that, on February 1, 2014, the Defendant entered into a lease agreement with C and D to lease the instant building by setting the lease deposit amount of KRW 210,000,000,00 for the lease period from February 6, 2014 to February 5, 2016 (hereinafter “No. 4 lease agreement”). In this context, upon the Plaintiff’s request from the Defendant to pay the increased deposit, the Defendant paid KRW 30,000,000 to D on February 5, 2014.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, and 3 (including each number).

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