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(영문) 서울중앙지방법원 2017.11.20 2016가단5221804
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 5, 2016 to November 20, 2017.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiff, as the wife of the defendant's omission C, is the plaintiff and the defendant, as the plaintiff and the defendant, as the plaintiff, as the wife of the defendant.

B. The Plaintiff and the Defendant agreed to contribute the lease deposit to the Plaintiff, but the Plaintiff and the Defendant agreed to become a joint lessee in order to prepare a place where the Defendant and C are the same as the Defendant’s living together.

Accordingly, on September 11, 2013, the Plaintiff and the Defendant concluded a lease agreement with the lessor E and the Defendant to lease the second floor of the F detached Housing located in Gyeonggi-gu as the lease deposit amount of KRW 60,000,000, and the term of lease from October 11, 2013 to October 10, 2015 (hereinafter “instant lease agreement”). On September 11, 2013, the Plaintiff and the Defendant paid KRW 6,00,000 to E (hereinafter “instant lease agreement”). The Plaintiff paid the remainder of KRW 54,00,000 to E on October 1, 2013.

C. Under the instant lease agreement, the Defendant filed a lawsuit against E to pay KRW 30,000,000 out of the lease deposit (Seoul District Court 2015Dadan29886), and the Defendant did not submit a written answer, and the said judgment became final and conclusive on November 13, 2015.

E returned 30,000,000 won each to the Plaintiff and the Defendant on December 19, 2015.

[Reasons for Recognition] Uncontentious Facts, Gap 1 to 4, Eul 7, Eul 1, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff leased a house to seek a place where the defendant and D reside together, and the plaintiff contributed to the lease deposit under the lease contract of this case. Since the plaintiff agreed to receive a refund of the lease deposit after the termination of the lease contract, the defendant shall pay 30,000,000 won that the defendant returned to the plaintiff.

B. The Plaintiff and the Defendant agreed to donate the amount equivalent to the lease deposit necessary for the instant lease agreement to the Defendant.

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