beta
Text
1. The defendant shall pay 80,000,000 won to the plaintiff and shall be from the day after the judgment of this case to the day of full payment.
Reasons
1. Basic facts
A. On April 15, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant initial contract”) with the Defendant on a deposit of KRW 8 million for the first floor of the Gyeonggi-gu Gyeonggi-gun building C (hereinafter “instant housing”) from May 13, 2013 to May 12, 2015, the Plaintiff paid the Defendant the deposit of KRW 8 million until May 13, 2013, and began to reside with D upon delivery of the instant housing.
B. On November 22, 2013, D, by deceiving the Defendant that his hospital expenses are necessary, and by setting the interest from the Defendant as KRW 50,000 per month, borrowed KRW 1 million.
C. On May 6, 2014, D, by deceiving the Defendant that it is necessary to pay a fine of KRW 60 million to his own children, D requested the return of KRW 1 million as the monthly rent if D returned an additional KRW 1 million to the existing borrowed money by reducing the deposit to KRW 6 million. The Defendant accepted the request and returned KRW 1 million to D on May 7, 2014.
D In other words, on February 15, 2016, by deceiving the Defendant that the Plaintiff’s medical expenses are necessary, D returned one million won out of the deposit to the Defendant and requested a different return, and received a refund from the Defendant.
E. Around March 2016, D entered into a lease agreement with the Defendant by arbitrarily changing the terms of the instant initial contract to KRW 2.5 million, monthly rent, and lessee D (hereinafter “instant change agreement”). On March 21, 2016, D received KRW 2.5 million remaining after deducting the deposit amount of KRW 2.5 million from the Defendant’s remaining deposit amount of KRW 5 million under the instant change agreement from the Defendant to the Plaintiff’s deposit account in the name of the head of the Tong. From March 25, 2016, D paid KRW 40,000 per month to the Defendant from March 25, 2016.
F. D around that time, received KRW 2.5 million from the Plaintiff, and the Plaintiff returned KRW 1.1 million out of the returned KRW 2.5 million and remainder.