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(영문) 수원지방법원 2015.10.22 2015나6224
임차보증금반환
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person whose representative is D, Defendant B is the deceased E (hereinafter “the deceased”), and Defendant C is the deceased’s children.

B. D Co., Ltd. entered into a lease agreement between the deceased and the deceased on the F’s property located in the Silung-si (hereinafter “instant real property”) with a deposit of KRW 20,000,000 and monthly rent of KRW 2,00,000 (hereinafter “the first lease agreement”) and operated A, a personal business place the deceased’s representative, on the said real property.

C. On April 24, 2005, D prepared a lease agreement with the deceased on the content of KRW 50,000,000, without paying monthly rent for the instant real estate.

(hereinafter “instant second lease contract”). D.

D on May 3, 2005, a corporate plaintiff was established, and the deceased died on February 2007.

E. On June 30, 2007, D, after the Deceased’s death, concluded a lease agreement with Defendant B, who was the deceased’s wife, set forth a deposit of KRW 20,000,000 for the instant real estate, monthly rent of KRW 2,00,000 for KRW 2 years for the lease term (hereinafter “instant third lease agreement”).

F. On April 15, 201, D, while continuing to delay the obligation to pay rent under the lease agreement, drafted a monthly tax unpaid statement with Defendant B on April 15, 201, stating that it is KRW 25,000,000,000 that it is unpaid until March 201. D, on June 28, 2011, made a written statement of intent to pay the unpaid rent of KRW 15,00,000 to Defendant C by June 30, 201, and to pay the remainder by July 31, 2011.

G. Defendant B continued to delay the obligation to pay rent under the lease agreement, and on December 23, 2013, filed a lawsuit against D on December 23, 2013 against Suwon District Court for seeking delivery of a building (No. 2013da44805). Defendant B was sentenced to a favorable judgment due to D’s failure to comply therewith, and the said judgment became final and conclusive around that time.

(h) Defendant B.

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