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Reasons
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(영문) 서울동부지방법원 2014.10.16 2014가단1080
임대차보증금
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1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual interest thereon from June 4, 2008 to October 16, 2014.

Reasons

1. Facts of recognition;

A. On October 15, 2005, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 100,000,000, and from October 31, 2005 to October 31, 2007, with the lease term of KRW 100,000,00, and from October 31, 2005, the Plaintiff transferred the said house to the Defendant around June 3, 2008, by entering into the said lease agreement with the Defendant for the lease of KRW 102,40,00 (hereinafter “instant lease agreement”).

B. The defendant completed the registration of ownership transfer on December 29, 2006 with respect to the instant housing on the ground of sale to E.

C. Around June 1, 2008, the Defendant paid KRW 33,000,000 to the Plaintiff as the return of the lease deposit under the instant lease agreement (hereinafter “lease deposit”).

On the other hand, at the East Credit Union working for the defendant on November 30, 2005, loans of KRW 50,000 (2,00,000 out of KRW 50,000 were used as investments to the plaintiff's East Credit Union) and the defendant as joint and several sureties (BB added E to joint and several sureties), and the amount of loans of KRW 50,000,000 (the above loans were used as investments to the plaintiff's East Credit Union) and E repaid all the principal and interest of the loans to the East Credit Union on June 10, 208.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 8, Eul 1, and the purport of the whole pleadings

2. The assertion;

A. The Defendant is obligated to pay to the Plaintiff the remainder of KRW 67,00,000,000, excluding the remainder of KRW 33,000,000, which was already paid out of the lease deposit of this case 100,000, and the delay damages therefor.

B. The amount actually received by the Defendant from the Plaintiff as the lease deposit is KRW 93,00,000 on September 10, 2005, KRW 15,000 on September 15, 2005, KRW 20,000 on September 15, 2005, and KRW 48,000 on November 30, 2005, KRW 93,00,000 on November 30, 2005, and among them, KRW 48,00,000 on November 30, 205.

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