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(영문) 서울남부지방법원 2016.01.19 2015가단13472
임차보증금반환
Text

1. The Defendant: (a) KRW 50,00,000 and the Plaintiff’s annual rate from May 9, 2014 to May 31, 2015; and (b) June 1, 2015.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; (b) evidence Nos. 1 and 2; and (c) evidence Nos. 7 through 4; and (c) evidence Nos. 1 through 4; and (d) the purport of the entire pleadings as a result of the fact inquiry by the court.

Nonparty C and D’s lease contract on housing in the name of the Defendant 1) Gangseo-gu Seoul Metropolitan Government E-building 102 (hereinafter “instant housing”).

(2) On March 31, 2012, the Defendant’s mother, transferred KRW 6 million from the bank account in the name of the Plaintiff to the national bank account in the name of the Defendant’s mother.

3) On April 1, 2012, C and D entered into a lease agreement with D through a document (Evidence 1) stating “The Monthly Loan Agreement” (Evidence 1) with D, with a deposit of KRW 60 million, monthly rent of KRW 800,000 (deposit into the national bank account in the name of D on May 8, 2012) and the period from May 8, 2012 to May 8, 2014 (hereinafter “the first contract”).

(4) 4) from the account under C to the account under D’s name, and from April 22, 2012 to the same year,

5.9.3,637,000 won, and the same year;

6.1. 30 million won has been remitted respectively.

(total amount of KRW 53,637,00, which deducts indoor construction costs. (b)

(1) On June 12, 2012, the Plaintiff and the Defendant’s new lease agreement 1) filed a move-in report with the location of the instant housing on June 12, 2012 (C had never filed a move-in report with the location of the instant housing from around the time of the first contract

(2) 2) C uses the Plaintiff’s name on behalf of the Plaintiff, and D prepares a document (Evidence 2) stating “Real Estate Lease Contract” under the Defendant’s name, and the Defendant entered into a lease contract with the Plaintiff with the same deposit, monthly rent, period, etc. as the instant primary contract, and thereafter, the instant secondary contract is deemed to be “the instant secondary contract.”

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