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(영문) 인천지방법원부천지원 2015.10.30 2014가합5233
손해배상(기)
Text

1. Defendant B shall pay 10 million won to the Plaintiff and 20% per annum from January 30, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On June 3, 2011, the Plaintiff and Defendant B entered into the lease agreement with Defendant B, setting the lease deposit of KRW 150 million and the lease deposit of KRW 802,00,000 from June 9, 201 to June 9, 2014 (hereinafter “instant lease agreement”). The Plaintiff paid the lease deposit of KRW 150,000,000 to Defendant B (hereinafter “instant lease deposit”). At that time, the Plaintiff occupied the instant apartment after paying the lease deposit of KRW 150,00,000 to Defendant B.

B. On the other hand, the commencement of compulsory auction on the instant apartment on November 13, 2012, the Credit Guarantee Fund applied for a compulsory auction (hereinafter “instant auction”) with respect to the instant apartment on November 14, 2012, and made a decision to commence compulsory auction on November 14, 201. The same court notified the Plaintiff of the commencement of the instant auction on November 23, 2012 and the date of sale decision and the date of sale decision on April 10, 2013.

C. Around May 2013, Defendant B, including the Plaintiff’s director, requested the Plaintiff to hold a director with the 102-dong 102-dong 102 (hereinafter “the instant canal wells”) from the Plaintiff, which was the director of the instant canal wells around May 25, 2013.

However, G refused to move out on the ground that G residing in the other canal wells of this case was a claim against Defendant B, and on the same day, G agreed to move out from the other canal wells of this case on the condition that the Plaintiff did not move in with respect to the other canal wells of this case.

After the Plaintiff and Defendant B’s completion of the loan certificate, the Plaintiff and Defendant B borrowed KRW 160 million from the Plaintiff for the purpose of returning KRW 150 million of the lease deposit of this case on December 21, 2013 and December 26, 2013, and the Plaintiff and Defendant B borrowed KRW 160 million from the Plaintiff and KRW 50 million among them until January 29, 2014, and the remainder of KRW 110 million until March 31, 2014 (hereinafter “the loan certificate of this case”).

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