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(영문) 수원지방법원안양지원 2014.11.13 2014가합2865
임대차보증금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 120,000,000 and the interest rate thereon from April 20, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On April 6, 2012, the Plaintiff’s title of the contract (Evidence A 1) entered into between the lessee and the Defendant C by setting the lease deposit of KRW 120,000,000, and the lease deposit of KRW 120,000 from April 6, 2012 to April 6, 2014, is clear that the terms and conditions of the contract (Evidence A 1) entered into between the lessee and the Defendant C are “private letter or service contract,” or the terms and conditions thereof.

(hereinafter “instant lease”). Defendant C paid KRW 5,000,000 as down payment on the date of the instant lease agreement, and KRW 115,00,000 as the remainder on April 13, 2014.

B. At the time of the instant lease agreement, Defendant B, who was the former lessee of the said private loan, entered into a water guarantee agreement with the Plaintiff on behalf of the Plaintiff on behalf of the Plaintiff, in order to secure the obligation to return the lease deposit against the Plaintiff by Defendant C. The instant lease agreement entered into a water guarantee agreement with the Plaintiff on behalf of the Plaintiff for the Namwon-si, Seoul Special Metropolitan City (hereinafter “instant water guarantee agreement”). The instant lease agreement entered into the “Creation: established at the time of the remainder of the G in Seoul Special Metropolitan City and the changed owner F who was established at the location of the lessor by the end

In addition, Defendant B signed the instant lease agreement by stating that it is the guarantor’s in the following column:

C. After that, on April 13, 2012, the remainder payment date, Defendant B completed the registration of creation of a neighboring mortgage of KRW 120,000,000 (hereinafter “the registration of creation of a neighboring mortgage of this case”) with respect to the remaining land in the name of the spouse F in accordance with the instant water guarantee agreement.

The Plaintiff started the business from April 2012 to the above sugar room. However, Defendant C was unable to operate its business from the wind of the end of 2013 and at the end of the end of 2013.

【Defendant C’s ground for recognition: The non-contentious facts; the entries in the evidence Nos. 1 and 2; the witness H’s testimony; the purport of the whole pleadings

2. Determination

A. The facts of the above recognition as to the claim against Defendant C.

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