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(영문) 서울고등법원 2015.09.17 2014나2044282
구상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 30, 2010, the Plaintiff entered into a loan agreement between the Plaintiff and the Defendant for consumption with a view to securing the loan of KRW 300 million from the Defendant and securing it, the Defendant’s wife and wife in Geumcheon-gu Seoul (hereinafter “instant building”) set up a collateral of KRW 390 million for the future maximum debt amount of KRW 390 million.

B. On August 10, 2010, the Plaintiff leased the instant building to the Defendant by setting the lease deposit of KRW 1.4 billion, monthly rent of KRW 33 billion, and the lease period from August 10, 2010 to August 10, 2012 (hereinafter “instant lease agreement”). (The term “instant lease agreement”).

(2) The Plaintiff delivered the above building on the same day. (300 million won out of the above lease deposit 1.4 billion won.

In lieu of the loan stated in the subsection, only the remainder of 1.1 billion won was paid.

C. The Plaintiff and the Defendant additionally borrowed KRW 80,000,000 from the Defendant on November 10, 2010, the sum of KRW 600,000,000 on December 21, 201, and KRW 1.3% on January 12, 2011. (2) The Defendant paid KRW 10,40,000,000 after deducting interest on the said loan from KRW 33,000,00,000,000 on the monthly rent stipulated in the instant lease agreement. However, the Plaintiff did not pay KRW 2.6 million on November 28, 201.

3) The Defendant and E are likely to have been drafted in the future with the Defendant and E. A lawsuit was brought against the Plaintiff seeking the payment of the said loan (Seoul Southern District Court 2012Gahap9288, hereinafter “Seoul Southern District Court case”).

(D) On December 6, 2012, the lower court rendered a judgment that “the Plaintiff shall pay KRW 80 million and damages for delay calculated at the rate of KRW 20% per annum from April 5, 2012 to the date of full payment” with respect to the Defendant and E, and became final and conclusive around that time. D. A lawsuit claiming the return of the lease deposit and the agreement of the original Defendant 1) The Defendant even after August 10, 2012, which is the expiration date of the lease contract of this case.

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