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(영문) 서울중앙지방법원 2017.06.20 2016가단5197086
구상금
Text

1. Defendant A’s KRW 220,071,487 as well as 6% per annum from June 11, 2016 to July 10, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 27, 2013, Defendant B entered into a lease agreement with Defendant B, who purchased the instant apartment as a voluntary auction and completed the registration of transfer of ownership. around December 11, 2013, Defendant A entered into a lease agreement with Defendant B, stating that “The instant apartment was KRW 280,000,000,000 from Defendant B’s “the lease deposit amount, from December 20, 2013 to December 20, 2015,” with the term of KRW 280,000,000,000,000,000,000 won for the general household funds from the Plaintiff’s Intervenor, and KRW 28,000,000,000,000,000,000,000,000 won for the purpose of securing the deposit money for the lease from Defendant B’s Intervenor on December 20, 2013.

3) In addition, on December 20, 2013, Defendant A entered into a credit guarantee insurance contract with the Plaintiff’s Intervenor as the insured to guarantee the payment of the above loan obligation. Defendant A entered into the said lease contract with the amount of insurance coverage of KRW 22,88 million. 4) Defendant A completed the move-in report on the instant apartment on December 20, 2013 after obtaining the fixed date on December 11, 2013, and completing the move-in report on the instant apartment on December 20, 2013. The move-in report was again filed on November 20, 2014, which was prior to the expiration date of the initial lease term (on December 20, 2015).

B. Defendant B completed the registration of ownership transfer of the instant apartment on March 12, 2014 to Defendant C, and Defendant C decided to accept the obligation to return the lease deposit to Defendant C at the time of the sales contract. After that, Defendant C is once again to Defendant D on November 21, 2014.

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