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(영문) 서울북부지방법원 2016.09.02 2015나8795
청구이의
Text

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

On April 29, 2014, this Court against the plaintiffs.

Reasons

1. Facts of recognition;

A. From April 5, 201, Plaintiff A and D entered into a lease agreement with Plaintiff A, as its agent, with the terms of lease deposit amounting to KRW 50 million, monthly rent of KRW 100,000,000 (the last day of each month), and the term of lease from May 31, 201 to May 31, 2016 (hereinafter “No. 1 lease agreement”); and thereafter, Plaintiff A entered into a lease agreement with Plaintiff A, as its agent, with the terms of lease deposit amount of KRW 50,00,000,000,000,000,000,000,000,000,000 won (hereinafter “instant land”).

On the other hand, Plaintiff A’s agent, on the same day, set the term of lease from August 1, 201 to August 1, 2016 under the same conditions, and written a separate lease agreement in which the name of lessee is F.

[F] The Plaintiff, on the ground of the above lease agreement, filed a lawsuit against the Plaintiff A seeking the return of the lease deposit (U.S. District Court Decision 2014Da14630, May 31, 201). However, the lessee of the first lease agreement was rendered a judgment against the Plaintiff on the ground that the lease agreement was D and the judgment became final and conclusive. (2) On April 5, 2011, D entered into a lease agreement by setting the lease agreement between the Plaintiff and the Plaintiff, who was the owner of the instant land, at the time, and on April 5, 201, with respect to H and I land adjacent to the instant land (hereinafter “land adjacent to the instant land”), KRW 50 million, monthly rent, KRW 2.5 million, and the lease term from May 31, 201 to May 31, 2016.

(3) On May 201, Plaintiff A transferred the instant land to Haman, and D operated the instant automobile repair store with the trade name “K Improvement Business Center” from the instant land.

B. (1) On August 9, 201, the Defendant agreed to grant a loan of KRW 40 million to D with interest rate of KRW 3% (39% per annum) and the due date for repayment on November 9, 2011 (hereinafter “instant loan”). Accordingly, the Defendant agreed to grant a loan of KRW 5 million on August 9, 201 and KRW 34 million on August 10, 201.

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