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(영문) 서울중앙지방법원 2014.12.11 2013가합545969
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 7, 2012, between the Plaintiff and the Defendant, the Plaintiff leased the lease deposit of KRW 501,00,000,000 from the Defendant to KRW 230,000,000,000 from May 26, 2012 to May 25, 2014. However, the lease deposit of KRW 23,00,000,000,000,000, which is the remainder payment of KRW 27,000,000,000,000 from May 26, 2012 (hereinafter “instant lease contract”).

B. On May 25, 2012, the Plaintiff filed an application for a loan of KRW 160 million with one bank, and one bank transferred the loan of KRW 160 million to the national bank account in the name of the Defendant (Account Number D; hereinafter “instant account”).

C. On the other hand, the plaintiff's occupancy is delayed due to the failure to resolve the relocation of the tenant at the bottom of the instant lease agreement. The defendant's compensation for 160 million won of bank loans and 1.5% of the fees for redemption before maturity, which held that the contract will be reversed and the compensation for damages shall be liable for the damages incurred therefrom.

7.6. It appears to mean July 6, 2012.

It is written that it will be solved up to now.

Facts that there is no dispute over the basis of recognition, entry of Gap evidence 1, each order to submit financial transaction information to Han Bank and National Bank, the purport of the whole pleadings.

2. The plaintiff's assertion

A. The Plaintiff and the Defendant entered into a lease agreement on the instant real estate between the Plaintiff and the Plaintiff, who is neither the Defendant nor his representative, on behalf of the Defendant, after entering into a lease agreement on behalf of the Plaintiff. Since then, E, who did not deliver the instant real estate to the Plaintiff due to a dispute with the former lessee, agreed to terminate the instant lease agreement on behalf of the Defendant and compensate the Plaintiff for the loan amounting to KRW 160 million and the redemption fee on behalf of the Defendant.

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