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(영문) 창원지방법원 2018.08.29 2017가단118530
임대차보증금
Text

1. The Defendant’s KRW 93,890,000 as well as the Plaintiff’s annual rate from November 1, 2017 to August 29, 2018.

Reasons

1. Facts of recognition;

A. On September 2014, the Plaintiff entered into a lease agreement with the Defendant with regard to the term “Building 402, which is located in the window C of Changwon-si,” which is owned by the Defendant (hereinafter “the studio building in this case”), with the former deposit amounting to KRW 95 million, the lease period of KRW 1 million, the lease period of KRW 30,000,000 per month, and the management expenses.

The contents of the instant lease agreement (No. 1) prepared at the time are as follows:

C EF

B. Of the instant lease agreement, as seen in the above part, the line was found in the part stating “Won 90,000,000” and the following parts were found: (a) the line was found to have been written in addition to “95,00,000” and “E”.

This is that E, the defendant's son, first prepared the instant lease contract, and entered him as the defendant's representative, F, the plaintiff's spouse, and the defendant's spouse, as the defendant's representative.

At the time, E listens to the statement that it should be written as KRW 95 million from F that it should be written as KRW 90,000,000,000 from F. The defendant's spouse and father who is the father of E should post a telephone to inform this situation, and hear the answer that the contract would be revised, and the contract was revised as above.

C. On September 22, 2014, the Plaintiff wired KRW 40,000,000 to the Defendant’s account (Evidence 7) and agreed with the Defendant to substitute for KRW 55,00,000 for the remainder of KRW 55,00,000,00, which the F (H or I) previously leased from the Defendant, “No. 101, the window of Changwon-si,” which the Plaintiff leased from the Defendant (hereinafter “the studio building of this case”).

At the time, F was residing in the studio building of this case until September 2014, while the term of lease on the studio building of this case is expected to begin from October 2014 (F was to live in the original studio building of this case and to move to the studio building of this case while marriage with the Plaintiff). The studio building of this case is a studio building.

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