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1. The Defendant’s KRW 107,879,200 as well as the Plaintiff’s annual rate from July 23, 2019 to September 5, 2019, and the following.
Reasons
1. Basic facts
A. On May 2017, the Defendant and the Defendant’s friendship C resided together with the Plaintiff, which was the Defendant’s put 40-day price from D E Apartment F located in Yangju-si.
The plaintiff and the defendant, instead of the above apartment, colored the leased object in order to lease the residence where the plaintiff can live in a mixed person, and the lessor was able to conclude a lease contract with the plaintiff who is the aged living in a mixed person.
Accordingly, the plaintiff and the defendant agreed to enter into a lease agreement on the residence for which the plaintiff will reside in the name of the defendant's friendship C.
B. On June 10, 2017, C, upon request from the Defendant, concluded a lease agreement with G to lease the I Apartment Housing J (hereinafter “instant apartment”) located in Yangju-si by setting the lease deposit amount of KRW 120 million from G (hereinafter “instant lease deposit”) and the term of lease from July 3, 2017 to July 2, 2019 (hereinafter “instant lease agreement”).
C. On July 3, 2017, the Plaintiff was living in the instant apartment from around July 3, 2017, and was appointed as an officetel located in Incheon KK around June 2019.
After the termination of the instant lease agreement, C was returned from G, a lessor, on June 8, 2019, KRW 12 million out of the instant lease deposit.
C On July 22, 2019, from G, a lessor, returned KRW 107,879,200 (hereinafter “the balance of the instant lease deposit”) the remainder after deducting public charges, reserves for long-term repairs, etc. from the instant lease deposit, and issued the remainder of the instant lease deposit to the Defendant on the same day.
[Reasons for Recognition] Facts without dispute, Gap 1, 3 evidence, Eul 6 evidence, the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the Plaintiff’s assertion 1 by the parties is as follows: (a) The Plaintiff and the Defendant completed the instant lease agreement with G, a lessor.