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(영문) 울산지방법원 2015.06.12 2015가단99
보증금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 20% per annum from January 10, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 2012, the Plaintiff was married with C, the Defendant’s son, and around that time, the Plaintiff lived with C in the housing of the third floor and the second floor of the neighborhood living facilities (hereinafter “instant housing”) located in Ulsan-gu, Ulsan-gu, the Defendant owned, Ulsan-gu, and reported a marriage with C on December 4, 2013.

B. On March 21, 2012, when the Plaintiff was preparing for marriage with C, the Plaintiff paid KRW 25 million to the Defendant.

The Defendant returned the lease deposit amount of KRW 50 million to the lessee who was residing in the instant house, and received the said house from the Plaintiff, and had him use the said house by a new marriage with the Plaintiff and C.

C. On May 21, 2014, the Plaintiff and C had directors from the instant housing to another place. The Plaintiff claimed divorce and consolation money against C as the court 2014da8721, and claimed consolation money against the Defendant.

In this regard, C filed a counterclaim against the plaintiff, such as divorce, with the court 2014ddan8028.

On November 25, 2014, with respect to the instant principal lawsuit and counterclaim (hereinafter “instant divorce lawsuit”), conciliation was concluded between the Plaintiff and C with the content of divorce, etc. (hereinafter “instant conciliation”).

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings]

2. The allegations by the parties and the determination thereof

A. (1) The Plaintiff paid KRW 25 million to the Defendant on March 21, 2012, as part of the lease deposit of the instant house, and since the lease relationship was terminated thereafter, the Defendant is obligated to return the said KRW 25 million to the Plaintiff.

(2) The KRW 25 million received from the Plaintiff cannot be deemed as a lease deposit, because it is merely a mixed cost or a part of the return or remodeling cost of the instant house lease deposit is borne by the Plaintiff as a member of his family.

In addition, this shall apply.

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