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(영문) 서울북부지방법원 2015.01.29 2014가단5521
임대보증금 등 반환
Text

The defendant's KRW 5,900,000 to the plaintiff and its 5% per annum from February 19, 2014 to January 29, 2015.

Reasons

1. On September 15, 2013, the Plaintiff and the Defendant and the Dongdaemun-gu Seoul Metropolitan Government 1st floor (hereinafter “instant housing”) set the lease deposit as KRW 70,000,000,000,000,000 for the lease deposit, and the down payment of KRW 10,90,000,000 for the contract date and the remainder shall be paid on November 23, 2013; and a lease contract was concluded between November 23, 2013 and 24 months for the lease.

(hereinafter “instant lease agreement”). B.

The Plaintiff paid the Defendant the down payment of KRW 10,90,000,000 under the instant lease agreement, and 50,000,000 out of the remainder, intended to obtain a household housing loan from the Bank, and the Defendant, on November 22, 2013, prepared a written confirmation on the fact that the instant lease agreement was concluded and on the terms and conditions of the contract to employees of the Bank.

C. Meanwhile, in order to ensure that the above loans are deposited directly into the Defendant’s account, the Plaintiff submitted to the Bank a letter of delegation on the receipt of loans delegated to the Defendant. On November 26, 2013, the Bank deposited KRW 50 million into the Defendant’s account.

On November 21, 2013, the Plaintiff obtained a fixed date on the instant lease agreement, and filed a move-in report with the instant housing on December 2, 2013.

E. On July 10, 2014, the Plaintiff returned the loans worth KRW 50 million from the Defendant to the Bank, and repaid the loans to the Bank.

[Grounds for Recognition: Evidence Nos. 1 through 6, Evidence No. 8-1, and the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff and the Defendant agreed to pay KRW 50 million, out of the deposit under the instant lease agreement, by obtaining a loan from the Bank of Korea, and the Defendant consented to the fact that the loan of the Bank is executed between November 26, 2013 and December 28, 2013.

On November 23, 2013, the Plaintiff demanded the Defendant to open a door for the purpose of performing the design construction work on the instant housing, but the Defendant is also in spite of the foregoing agreement.

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