(영문) 인천지방법원 2016.02.18 2015가단32461

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(영문) 인천지방법원 2016.02.18 2015가단32461

대여금

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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from June 16, 2015 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. The plaintiff is the husband of the non-party D, who is the father of the non-party C (i.e., the husband of the non-party C), and the defendant is the other father of C. 2) The defendant, around 2008, leased himself as the lessee of the non-party D with 100 million won of the lease deposit (hereinafter "the lease of this case"), and let C reside in the above apartment. At the time, the above lease deposit was prepared and paid by the plaintiff 30 million won, the defendant 40 million won, the non-party 30 million won, the non-party 40 million won, the non-party 20 million won, and the non-party 10 million won.

3. On the other hand, on the other hand, on around 2010, the second anniversary of the expiration of the contract term of the lease of this case, the Defendant sought the statement that the deposit should be increased by KRW 50 million and entered into an order with the Plaintiff, etc. to renew the contract term from the lessor.

Accordingly, in order to prepare for C to increase the deposit for lease deposit, the Plaintiff shall prepare and pay to the Defendant a KRW 30 million out of the increased amount of KRW 50 million, and pay it to the Defendant on April 5, 2010;

4.20.

5.7. Each 10 million won paid a total of KRW 30 million, i.e., KRW 30 million during the term of the lease, the said money was used for the increased portion of the deposit during the said term of the lease.

4) The Defendant received KRW 30 million from the Plaintiff and used it as the increased portion of the deposit for the lease of this case to renew the lease of this case. Thereafter, the Defendant offered the Plaintiff’s right to claim the return of the deposit for lease of this case including the increased portion of the deposit amount of KRW 30 million to the Plaintiff and used it as a collateral without the Plaintiff’s consent from the Plaintiff, etc., and used it at will. [Grounds for recognition] There is no dispute, and evidence No. 1, No. 2, and No. 2 (written confirmation, the Defendant asserted that the document was made by the Plaintiff’s coercion, but there is insufficient evidence to acknowledge the fact of coercion, and there is no other evidence to acknowledge it.

. Each description of Gap evidence 3 and C.

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