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(영문) 서울북부지방법원 2015.10.15 2014가단32479
공탁금출급권자 확인
Text

1. D. D. Deposit officials of the Seoul Northern District Court on July 29, 2014 at KRW 88,961,350, deposited as 2014 gold 2752.

Reasons

The main lawsuit and counterclaim are also examined.

1. The following facts are without dispute between the Plaintiff and the Defendant, and there is no dispute between the Plaintiff and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) or obvious facts in this court, Gap evidence Nos. 1 through 20, and 22 (Evidence No. 16). The whole purport of the arguments and arguments can be acknowledged in full view of the following facts: (a) there is no dispute between the Plaintiff and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”).

Defendant B and D’s lease contract (i) entered into a lease contract with D on July 16, 2009, with respect to approximately 45 square meters of the first floor of the Seoul FF in Seongbuk-gu Seoul, Seoul, Seoul, with D, and occupied and used the lease contract (hereinafter “instant lease contract”) between July 31, 2009 to July 30, 201, and the monthly rent of KRW 250,000,00 (Additional rent) (hereinafter “the instant lease contract”), and paid the lease deposit, and thereafter, the Defendant B occupied and used the restaurant under the trade name “G” upon delivery of the said leased object.

The instant lease agreement was implicitly renewed, and on July 25, 2012, the lease deposit was extended to July 24, 2014 (24 months) and the lease deposit was extended to July 24, 2014 (hereinafter “instant lease agreement”). Around July 12, 2014, Defendant B ordered the lease building to be leased on July 12, 2014 near the expiration date of the lease term, but the lease deposit was not settled.

B. The Plaintiff’s loan claim and security deposit refund contract (i.e., the Plaintiff’s loan claim and security deposit refund contract) lent KRW 20 million to Defendant B and I on July 30, 2009, and KRW 25 million on August 10, 2009, and the Plaintiff borrowed KRW 25 million on November 5, 2010 to Defendant B and I on the same day, and the Plaintiff was drafted and issued a loan certificate and receipt on July 30, 201 as “the principal leased KRW 80 million, the due date for payment, the interest rate of KRW 20 million on July 30, 201 (per annum 3%) and the fifth day on the date for payment of interest.”

hereinafter referred to as "the case."

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