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(영문) 부산지방법원 2013.09.12 2013가단4070
약정금
Text

1. The Defendant’s KRW 71,00,000 and its annual rate from November 1, 2012 to February 6, 2013 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Defendant, on October 24, 2012, set the rental deposit amount of KRW 95,000,000 with respect to 101, 501, and 501, Yeonsu-gu Incheon, Incheon, and the term of lease from October 31, 2012 to October 30, 2014. 2) B applied for a loan of the former loan to the Plaintiff on October 23, 2012 to cover part of the said deposit.

The Plaintiff agreed to lend KRW 71,00,000 to the Defendant on October 31, 2012, with the interest rate and overdue interest rate of KRW 24% per annum, and the loan period of KRW 24 months.

3) On October 29, 2012, the Defendant consented to a pledge on KRW 85,200,00, out of the claim for the refund of the above lease deposit against the Defendant against the Plaintiff on October 29, 2012, and where the lease deposit is refunded due to the termination or termination of the said lease contract, the Defendant may directly return the remainder of the lease deposit, excluding the amount of deferred deduction under the lease contract (public charges, monthly overdue portion, compensation for damages caused by the damage to the leased house, etc.) to the Plaintiff (However, if

(2) The agreement of this case (hereinafter referred to as “the agreement of this case”) provides that the agreement of this case shall be

(4) 4) B decided to waive the above lease agreement with the Defendant that part of the remainder was not prepared (a contract amounting to KRW 9,500,000). The Defendant returned KRW 71,000,000 to B on October 31, 2012.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-9, the purport of the whole pleadings

B. According to the above facts of recognition, since the above lease contract is deemed to have been rescinded, the defendant is obligated to return the above KRW 71,000,000 to the plaintiff by the agreement of this case.

Therefore, the defendant calculated the above KRW 71,00,000 as well as the annual rate of 20% as stipulated in the Civil Act from November 1, 2012 to February 6, 2013, the delivery date of a copy of the complaint of this case, which is the day after the defendant paid the above money to the plaintiff Eul, and from the next day to the day of full payment.

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