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(영문) 부산지방법원 2017.10.18 2016가합40517
임대차보증금
Text

1. The defendant's delivery of each real estate stated in the separate sheet from plaintiffs, non-party C, D, E, F, G, H, I, J, K, and L.

Reasons

1. Basic facts

A. 1) The Non-Party Ma (hereinafter “the deceased”) entered into the instant lease agreement

on October 5, 2009, each real estate listed in the separate sheet (hereinafter “instant store”) between the Defendant and the Defendant as indicated in the separate sheet.

) A lease agreement stipulating that the lease deposit shall be KRW 466,300,000 per month, KRW 400,000 per month, and the period from October 5, 2009 to October 4, 201 (hereinafter “instant lease agreement”).

(2) The Deceased and the Defendant agreed to increase the lease deposit amount to KRW 526,300,000 under the instant lease agreement, and around that time, the Deceased and the Defendant paid KRW 60,000,00 for the increased lease deposit to the Defendant.

Since then, the non-partyO, who was the defendant, paid the deceased KRW 5,00,000 on May 26, 2013, and KRW 5,000,00 on October 27, 2013, respectively.

3) On December 19, 2013, the Defendant stated that “as of December 19, 2013, the lease deposit under the instant lease agreement as of December 19, 2013 is KRW 516,300,000, and the Defendant shall refund 50,000,000 out of the deposit to the Deceased until May 31, 2014” (hereinafter “each of the instant notes”).

The deceased prepared and delivered to the deceased. From February 25, 2014 to May 23, 2014 pursuant to the letter of this case, the deceased returned a total of KRW 50,000,000 to the deceased. After that, from January 26, 2015 to April 29, 2015, the foregoingO additionally paid KRW 10,000,000 in total to the deceased as the return of the lease deposit under the instant lease agreement. (B) From January 8, 2010 to April 23, 2012, the Defendant lent KRW 385,000,000 to the deceased as follows (hereinafter referred to as the “loan claim”).

(b)..

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