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(영문) 서울중앙지방법원 2021.01.27 2020가합559966
대위변제금의 독촉사건
Text

1. As to KRW 1,136,00,000 and its KRW 179,00,000 among them, the Defendant shall pay to the Plaintiff KRW 224,00,00.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established for the purpose of supporting the promotion of housing welfare, etc., and the Defendant entered into a lease contract with a lessee who was issued a guarantee of refund of rent deposit by the Plaintiff.

B. The Plaintiff issued a letter of guarantee for the return of the leased deposit to the lessee who entered into a lease contract with the Defendant as follows. The main content of this guarantee is to pay the amount equivalent to the leased deposit to the lessee on behalf of the Defendant if the lessor is unable to return the leased deposit to the lessee upon the expiration of the lease contract, and then to claim reimbursement from the Defendant, the lessor.

(1) Around 2017, the Defendant entered into a lease agreement with Nonparty 2 on the Gangseo-gu Seoul Building and D, and the Plaintiff, on July 6, 2017, issued a letter of guarantee that guarantees the repayment of KRW 170,000,000 (the guarantee number E, guarantee period from July 6, 2017 to August 5, 2019) (hereinafter referred to as “the above lease agreement”). (2) around 2017, the Defendant entered into a lease agreement with Nonparty 2 on the building G and H, Seoul, and around 7, 2017, the Plaintiff guaranteed the repayment of KRW 179,00,000 (the guarantee number of KRW 170,000,000) (the Defendant issued the lease agreement to Nonparty 2, the guarantee number of KRW 20,000,000 to Nonparty 1, the Defendant issued the lease agreement to Nonparty 2, 2015, respectively, on April 25, 2017.

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