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(영문) 서울동부지방법원 2019.10.23 2018가단103311
임대차보증금
Text

1. The Defendants’ respective Plaintiff KRW 71,950,00 and 6% per annum from September 27, 2017 to October 23, 2019.

Reasons

1. Facts of recognition;

A. On March 28, 2014, the Defendants concluded a lease agreement with G, setting the deposit amount of KRW 100 million, monthly rent of KRW 500,000,000, and the lease period from May 15, 2014 to May 15, 2019, with respect to the land of Songpa-gu Seoul Metropolitan Government H land, building, and land of KRW 100,000,000,000 for the instant real estate (hereinafter “instant real estate”).

B. On April 25, 2016, the Plaintiff succeeded to the contract entered into by the said G, and entered into a lease contract with a deposit of KRW 100 million, monthly rent of KRW 5 million, and the lease term by the period on May 15, 2019, which is the remaining lease term.

C. On January 19, 2017, the Plaintiff was a director of the instant real estate due to business difficulties. On April 19, 2017, the Plaintiff concluded a real estate transfer agreement with J, but did not succeed to the right of lease due to the Defendants’ refusal, and entered into a real estate transfer agreement with K again on September 19, 2017.

On September 26, 2017, the Defendants concluded a lease agreement with K and L, setting a monthly rent of KRW 100 million, monthly rent of KRW 6 million, from October 10, 2017 to October 9, 2022 as of the remainder of the construction period, and received KRW 20 million from K for the same day and KRW 80 million from the same month. At that time, the Defendants received the instant real estate from K, and received KRW 6.6 million from November 27, 2017 to November 9, 202.

E. Meanwhile, the Plaintiff did not pay the monthly rent from April 25, 2017.

F. On May 9, 2019, when the instant lawsuit was pending, Defendant B deposited the said KRW 60 million pursuant to Article 487 of the Civil Act on the ground that “The Plaintiff was a deposit account for the Plaintiff as the Seoul East Eastern District Court (Seoul Eastern District Court Decision 2775, Oct. 10, 2017) to return the deposit amount of KRW 60,000 (40,000,000,000,000,000,000,000,000,000 won for the Plaintiff, a lessee, was refused to receive the said deposit,” under Article 487 of the Civil Act.

[Reasons for Recognition] Defendant B and F, facts without dispute, Gap 1 to 8, and

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