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(영문) 창원지방법원통영지원 2020.08.13 2019가합11674
임차보증금반환
Text

1. The Defendants shall jointly and severally serve as KRW 225,00,000 on the Plaintiff and as a result, from May 20, 2019 to November 1, 2019.

Reasons

The defendants were not in a de facto marital relationship for more than 15 years, and they were living in a de facto marital couple in 2016 and 2017.

Defendant B acknowledged that the Defendants were in a de facto marital relationship, while the Plaintiff’s assertion on the de facto marital relationship is not specifically opposed to the Plaintiff’s assertion.

Around May 2016, Defendant C proposed that the Plaintiff operate the telecom by leasing the instant building (hereinafter referred to as “instant building”). The Plaintiff paid KRW 180 million in total, including KRW 50 million, by means of cash and cashier’s checks around June 1, 2016, and transfer to the account designated by Defendant C around June 24, 2016, and KRW 100,000,000,000,000 by means of the same method as on July 4, 2016 and July 9, 2016.

Defendant C received money as above and issued a receipt of June 1, 2016, stating that ① received KRW 30 million as the down payment of the lease deposit for the instant building; ② the receipt of KRW 100 million as the intermediate payment of the lease deposit for the instant building; ③ the receipt of KRW 20 million as of June 21, 2016, and ③ the receipt of KRW 50 million as of July 4, 2016, respectively.

On January 18, 2017, the Plaintiff entered into a lease agreement with Defendant B, the owner of the instant building, and with respect to the remainder of the building except for the part of the first floor singing room and the part of the sixth floor among the instant building, the second floor, the third floor, the fourth floor, and the fifth floor and the 6th floor, with the lease deposit amount of KRW 390 million, the lease deposit amount of KRW 20 million from January 20, 2017 to September 19, 2018, and the lease period of KRW 540,000 per month (hereinafter “instant lease agreement”). Around that time, the Plaintiff paid KRW 180,000 as the lease deposit amount to Defendant B.

Defendant B on January 31, 2017, concerning the leased object of the instant building to the Plaintiff.

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