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(영문) 수원지방법원 2017.01.12 2016가단43397
보증채무금
Text

1. The Defendants jointly share KRW 53,000,000 with respect to the Plaintiff and the period from November 1, 2015 to August 29, 2016.

Reasons

1. Facts of recognition;

A. On July 18, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to KRW 506 (hereinafter “instant house”) among the buildings owned by the D, Suwon-si E (hereinafter “instant multi-family house”) and paid KRW 3,000,000 on the same day as the lease deposit, from July 23, 2011 to July 23, 2013.

B. On July 23, 2011, the Plaintiff paid the remainder of the lease deposit KRW 50,000,000 to D and began to reside in the instant housing. On October 31, 2011, the Plaintiff registered as a resident at the location of the instant housing.

The instant lease agreement was implicitly renewed on July 23, 2013.

C. The Defendants completed the registration of ownership transfer on December 31, 2013 with respect to each 1/2 shares of the instant multi-family house on the grounds of sale and purchase as of November 15, 2013.

At the time of the expiration of the term of the instant lease agreement, the Plaintiff notified the Defendants that they will not extend the term of the contract. On July 31, 2015, the Plaintiff and the Defendants agreed to appoint directors on July 31, 2015.

On August 3, 2015, the Defendants failed to refund the lease deposit on the date of promise, and delayed the date of directors on August 3, 2015, but even if so, the Defendants failed to refund the lease deposit, and the Plaintiff was the director at that time

E. The Plaintiff received a loan for the director, and the Defendants demanded payment of the amount equivalent to the interest of the loan.

As the Defendants paid the interest amount up to October 2015, the Plaintiff delayed the deadline for the return of the lease deposit by the end of October 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5, purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff leased the instant house from D and completed its delivery and resident registration, and the opposing power under the Housing Lease Protection Act on November 1, 201, following the date when the Plaintiff completed its delivery and resident registration.

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