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(영문) 창원지방법원진주지원 2017.12.19 2017가단4702
임대차보증금반환 등
Text

1. The Defendant is jointly and severally with Nonparty C to the Plaintiff KRW 50,000,000 and the Defendant’s response thereto from June 10, 2017 to December 19, 2017.

Reasons

1. Basic facts

A. On September 22, 2014, the Plaintiff leased D 149.85 square meters (hereinafter “instant real estate”) from the Defendant on September 22, 2014, the deposit deposit amounting to KRW 50,000,000, and the lease period from September 22, 2014 to September 21, 2016.

(hereinafter “instant lease agreement”). B.

On June 1, 2017, the Plaintiff prepared a payment note with C on June 1, 2017, stating that KRW 50,000,000 and facility costs of KRW 10,000 and KRW 5,000,000 agreed to be refunded by the Defendant, and that KRW 70,000,000 in aggregate shall be paid until June 9, 2017 to C lent by the Plaintiff and the Plaintiff’s partner E by June 1, 2017, and if the said amount is not paid by the payment date, the Plaintiff shall pay KRW 5,00,000,000 in addition to the annual interest rate of 12% from the next day to the date of full payment (hereinafter “instant payment note”). The Plaintiff jointly and severally guaranteed the Defendant’s obligation to the Plaintiff.

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Defendant agreed to refund KRW 70,000,000 including the lease deposit amount of KRW 50,000,000 on June 1, 2017 to June 9, 2017, and thus, the Defendant should pay the above KRW 70,00,000 and damages for delay. Accordingly, the Defendant recognized the obligation to refund KRW 50,000,000 as the lease deposit, but the remainder is a matter between the Plaintiff and C and the Defendant did not have agreed to return.

B. On the other hand, there is no dispute between the parties that the instant payment note was prepared by C on behalf of the Defendant. There is no evidence to prove that C had been delegated by the Defendant to prepare the said payment note, and there is no other evidence to prove the Plaintiff’s assertion. Thus, 50,000,000 won is the lease deposit that the Defendant is obligated to return.

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