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(영문) 서울남부지방법원 2020.02.11 2019가합100883
임차보증금반환
Text

1. The Defendant shall pay KRW 800,000,000 to the Plaintiff and KRW 5,000,000 per month from April 27, 2016 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff leased the Gangseo-gu Seoul Metropolitan City C hotel for KRW 800 million from the Defendant.

B. On April 26, 2016, the original Defendant: (a) drafted a written agreement on performance with the purport that the Defendant shall return the lease deposit to the Plaintiff by December 31, 2016; and (b) shall pay to the Plaintiff the amount calculated by the rate of KRW 5,00,000 per month until the time of return; and (c) drafted a notarized agreement on performance with the purport that

(No. 866 of Ministry D, etc., 2016, hereinafter referred to as "agreement of this case"). 【No dispute exists on the grounds of recognition, entry of Gap evidence No. 1 and the purport of the whole pleadings.

2. On July 22, 2019, the Defendant asserts to the effect that the instant lawsuit is unlawful, since the Plaintiff agreed to withdraw the instant lawsuit from the Defendant in return for the receipt of the authentic deed of promissory notes for the return of deposit for lease on a deposit basis.

According to the evidence No. 8 (including the provisional number), although the defendant prepared and delivered a promissory note of KRW 425,00,000 (No. 541, 542, 209, hereinafter "notarial deed of this case") with the face value of KRW 450,000,000 on July 22, 2019 as of December 30, 2019, and the due date of KRW 425,00,00,000 on April 10, 2020, it is recognized that the notary public had agreed to withdraw the lawsuit of this case on the sole basis of the evidence submitted by the defendant is insufficient to acknowledge that the plaintiff agreed to withdraw the lawsuit of this case in return for the delivery of the notarial deed, and there is no other evidence to acknowledge this otherwise.

The defendant's main defense of safety cannot be accepted.

3. According to the facts acknowledged prior to the determination of the cause of the claim, the Defendant is obligated to pay to the Plaintiff the lease deposit amount of KRW 800,000,000 and damages for delay calculated at the rate of KRW 5,000 per month from April 27, 2016 to the date of full payment after preparing the instant agreement, barring any special circumstance.

The defendant shall be issued the notarial deed of this case and the due date for the repayment of the deposit for lease shall be the due date for each promissory note.

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