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(영문) 수원지방법원 2015.06.02 2013가단108828
임대차보증금반환등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 91,79,000 and 20% per annum from January 3, 2014 to the date of full payment.

Reasons

1. Basic facts

A. (1) Defendant C and D acquired the subscription passbook deposited in the name of the said Defendant from Defendant B to be supplied with the publicly constructed rental house for the supply of the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) from Defendant B in early June 2009 after investing money together to obtain profits by purchasing another person’s subscription passbook, etc.

(2) On June 18, 2009, Defendant C and D concluded a lease contract (hereinafter “instant lease contract”) with the name of Defendant B, using an offer passbook in the name of Defendant B that was transferred as above, with respect to the lease deposit amount of KRW 55 million and the lease term of KRW 1403, Osan-si E (hereinafter “instant apartment”) between the Non-Party Corporation and the Non-Party Corporation (hereinafter “the instant apartment”).

B. (1) Around November 22, 2009, Defendant C and D entered into a sub-lease contract with the Plaintiff regarding the instant apartment in the name of Defendant B by setting the lease deposit amount of KRW 60 million and the lease period from December 28, 2009 to December 27, 2011. The said sub-lease deposit was received from the Plaintiff.

(2) On January 20, 2010, Defendant C drafted and issued to the Plaintiff a promissory note No. 38 of 2010, a notary public notarial deed stating that “The amount of KRW 60 million is KRW 60 million, the date of issue is December 28, 2009, the date of payment is December 27, 2011, the date of payment is December 27, 201, the place of payment, and the place of payment, respectively.”

C. (1) On October 21, 2011, Defendant D delegated all the authority with respect to the instant apartment, and received the said loan by having been granted a loan by setting the interest rate of KRW 46.5% per annum from the Southern Saemaul Depository in the name of Defendant B on November 4, 2011, at the rate of KRW 6.5% per annum, overdue interest rate of KRW 19% per annum, and December 30, 2013 on repayment date.

(2) At the time of the above loan, Defendant D transferred the claim for the refund of the lease deposit of this case to Defendant B to the Southern Saemaul Bank of Korea as security for the above loan, and notified the non-party Corporation of the assignment of the claim, and the above community credit cooperative is also aware of the performance of the name of Defendant B.

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