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(영문) 서울동부지방법원 2015.06.10 2014나4417
차용금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants 1 are the second floor among the buildings listed in the attached list.

Reasons

1. Basic facts

A. On July 27, 2006, the Plaintiff and B’s lease agreement and loan 1 on August 22, 2006, the second floor of the building indicated in the separate sheet (hereinafter “second floor of the building in this case”) to B (the husband of the Defendant C) on July 27, 2006.

2) A lease contract under which the term of the lease deposit was fixed and extended on July 26, 2008 (hereinafter “instant lease contract”) 20 million won, monthly rent 650,000 won, and the term of the lease (hereinafter “instant lease contract”).

(2) On August 22, 2006, the Defendants entered into a contract with B and Defendant C on the second floor of the instant building. (3) On August 22, 2006, the Plaintiff leased KRW 150,000,000 to B and Defendant C as interest rate of KRW 1.5% per month. The Defendants agreed to receive KRW 80,000,000,000 per month, including the interest of KRW 1.50,000 per month on the said loan and the monthly rent of KRW 6,50,000 per month as stipulated in the instant lease agreement, and that the Defendant C received only

(3) From 2010 to 2013, the Defendants did not pay KRW 705,360 among the 2nd floor water of the instant building from 2010 to 2013. B and Defendant C prepared a loan certificate to the Plaintiff in the event that the payment of rent and interest prescribed in paragraph (2) of each month was delayed. The details of the loan certificate by the end of December 2012 owned by the Plaintiff are as follows: The number No. 15-31,00,000, 000, 10, 20-1, 30, 20-1, 30, 5-1, 20, 20-1, 30, 5-1, 20, 30, 5-1, 20, 30, 5-1, 20, 5-1, 20, 3-1, 5, 200, 3-1, 5, 201

6 The Plaintiff, around March 26, 2013, deducted from the amount of monthly rent unpaid from B, KRW 20 million, and monthly rent.

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