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(영문) 서울남부지방법원 2016.11.10 2016가합1282
임대보증금반환
Text

1. The Defendants jointly and severally agreed to the Plaintiff (Appointed) KRW 40,500,00, KRW 400, and KRW 29,700,000, and KRW 29,700,00, respectively.

Reasons

1. Basic facts

A. From June 2012 to December of the same year, the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs, etc.,” and, among the Plaintiff and the designated parties, the “Plaintiffs, etc.,” collectively) paid the security deposit (as the Appointeds D, E, E, KRW 33 million, KRW 49 million, KRW 45 million, KRW 45 million, KRW 35 million, KRW 35 million, and KRW 35 million, respectively) to the Defendant Company B (hereinafter “Defendant B”), and they leased from Defendant B, for 12 months, Jinace or brinse room located underground in the first floor of the building located in Yeongdeungpo-gu Seoul Metropolitan Government.

(3) The plaintiff, etc. has operated a credit business in a way that 24-hours operate a single team. (2)

Plaintiff

On March 20, 2013, before the expiration of the lease term due to Defendant B’s circumstances, Defendant B paid each amount equivalent to 10% of the deposit to the Plaintiff, etc. on the same day, and Defendant B paid each amount equivalent to 27 billion won in total (hereinafter “Bs deposit”) by April 30, 2013. The written commitment of each content (A. 3 and 4) was prepared and issued.

C. Defendant B did not pay the remaining security deposit to the Plaintiff, etc. by April 30, 2013, which was the above payment date.

Defendant B, around that time, prepared a letter of undertaking (Evidence A 5 and 6) that extends the payment date of the remainder of the deposit with the Plaintiff, etc. several times, but did not pay the deposit continuously.

As of July 19, 2013, the note of payment (Evidence A7, hereinafter "each of the instant notes") prepared and delivered in the name of the Defendants with the Plaintiff et al. as the other party to the said note, and the parts related to the instant case are as follows:

(hereinafter referred to as “Defendant C”). The letter of repayment (Evidence A7): Defendant B: The unpaid amount made in the name of the designated person D for sugar A (the unpaid deposit balance: KRW 13.5 million) for sugar D (the unpaid deposit balance: KRW 13.5 million).

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