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(영문) 전주지방법원군산지원 2015.11.05 2015가합11016
임대차보증금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 500,000,000, and 5% per annum from May 26, 2015 to October 17, 2015.

Reasons

1. Facts of recognition;

A. On December 16, 2014, the Plaintiff leased a building D, E, F, and its ground from Defendant B of the following cities: (a) KRW 550,00,000; (b) on December 31, 2014, the Plaintiff was set up a collateral security interest of KRW 550,000,000 on the said real estate to secure the right to refund the deposit.

B. On May 2015, the Plaintiff agreed to terminate the lease with Defendant B, and the Plaintiff agreed with Defendant C, upon cancelling the registration of the establishment of the neighboring mortgage, Defendant C, upon the cancellation of the registration of the establishment of the neighboring mortgage, agreed to receive the lease deposit from G, the lessee, and pay the Plaintiff.

Therefore, although the Plaintiff cancelled the registration of the establishment of the neighboring mortgage, the Defendant C, upon receiving KRW 550,000,000 from G, paid only KRW 50,000 to the Plaintiff.

【Reasons for Recognition】 Description of Evidence A Nos. 1 through 3

2. The Defendant B is obligated to refund the remainder of the lease deposit to the Plaintiff upon the termination of the lease agreement.

Defendant C is obligated to pay to the Plaintiff the lease deposit received from G as the registration of the establishment of the above neighboring mortgage was cancelled according to an agreement with the Plaintiff.

On the other hand, since the defendants' obligations are obligations to achieve the same purpose, the defendants are jointly and severally liable to pay to the plaintiff 500,000,000 won and delay damages as claimed by the plaintiff.

3. Conclusion, the Plaintiff’s claim against the Defendants is with merit.

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