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(영문) 부산지방법원서부지원 2020.09.11 2020가단100220
보증금반환
Text

Defendant D Co., Ltd. shall pay 53,736,00 won to the Plaintiff and 12% per annum from January 15, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On September 19, 2018, the Plaintiff entered into a lease agreement with Defendant B and C to lease the leased deposit amount of KRW 60,000,000, monthly rent of KRW 5,000,000, and the lease period of November 5, 2018 to November 4, 2021 (hereinafter “instant lease agreement”).

B. The plaintiff is the above A.

On September 20, 2018, KRW 30,000,000, and KRW 30,000,000 on November 8, 2018, were paid to Defendant B and C, a lessor, as a deposit for a lease agreement stated in the port, and was handed over the instant real estate around that time.

C. On March 2019, the Plaintiff sought consent from Defendant B on the possession and use of the instant real estate by Defendant D instead of the Plaintiff.

Accordingly, on April 24, 2019, Defendant B and C agreed and entered into a lease agreement between Defendant D and Defendant D with KRW 10,000,000, monthly rent of KRW 2,500,000, and the lease period from April 24, 2019 to April 23, 202.

In addition, on April 20, 2019, the Plaintiff and Defendant D Co., Ltd. drafted a contract for the performance of chonsegwon (right to lease on a deposit basis) under which the said Defendant agreed to pay KRW 60,000,000 to the Plaintiff until the loan was made.

E. Meanwhile, Defendant D continued to delay the monthly rent and delivered the instant real estate to Defendant B and C on February 24, 2020.

In addition, Defendant B and C sent to the Plaintiff a certificate on March 6, 2020 that the lease agreement of this case was terminated on the grounds of delinquency in rent. Upon Defendant D’s request, Defendant D paid KRW 6,264,000, the remaining amount after deducting overdue rent and waste disposal expenses, and public charges in arrears from the lease deposit.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 4, Eul evidence 1, 2, and 3.

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