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(영문) 서울중앙지방법원 2014.11.14 2014가단170914
보증금반환
Text

1. Defendant B shall pay to the Plaintiff KRW 75,00,000 as well as 20% per annum from October 3, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 15, 2008, the Plaintiff entered into a lease agreement with Defendant B, who was appointed by Defendant C as his agent, on the lease deposit amounting to KRW 235 million, the lease deposit amounting to KRW 1007,00,000 from February 10, 2008 to February 9, 2010 (hereinafter “instant lease agreement”). The lease agreement was explicitly renewed on the same condition as before around February 2, 2010.

B. On February 4, 2012, the Plaintiff concluded a lease contract with Defendant B, who was appointed by Defendant C as his agent, with a view to increasing the lease deposit by KRW 75 million by 75 million, setting the lease deposit to KRW 310 million and the term of lease from February 10, 2012 to February 9, 2014. Of the increased lease deposit, the Plaintiff paid KRW 50 million on February 6, 2012 and KRW 70 million on February 10, 2012, respectively.

C. The instant apartment was sold on August 1, 2013 in the voluntary auction procedure applied by the Suwon Saemaul Depository. The Plaintiff was paid KRW 235 million out of the lease deposit at the above auction procedure, but the increased amount of KRW 75 million was not distributed as a senior mortgagee.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 75,000,000 as lease deposit and delay damages calculated at the rate of 20% per annum from October 3, 2014 to the date of complete payment, as the Plaintiff seeks, as claimed by the Plaintiff.

B. (1) The Plaintiff’s claim against Defendant C is the wife of Defendant B, and Defendant C represented for the conclusion of the instant lease agreement.

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