(영문) 부산지방법원동부지원 2019.12.10 2018가단11581

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(영문) 부산지방법원동부지원 2019.12.10 2018가단11581

임대차보증금

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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from June 5, 2018 to November 2, 2018.

Reasons

1. In light of the following facts or circumstances, it is recognized that the network C (hereinafter “the network”) entered into a lease agreement with the Defendant on real estate listed in the separate sheet (hereinafter “the instant officetel”) by verbally with the Defendant, in light of the following facts or circumstances, which can be seen by comprehensively considering the overall purport of the pleadings as to the respective descriptions in Gap 2, 3, 6, 7, 15 through 20, 23, Eul 1-2, Eul 1-2, and Eul 1-2.

① On November 26, 2015, the Plaintiff, the deceased’s children, transferred KRW 20,000,000 to the Defendant, the owner or truster of the instant officetel, as the down payment among the lease deposit for the instant officetel.

In 2013, the Deceased opened a post office account by lending the name of the wife C in the name of the Defendant, and deposited KRW 40,000,000. On December 2, 2015, the Deceased transferred KRW 40,000,000 that was withdrawn from the said account to D upon request from D on December 2, 2015, to the Defendant under the remainder of the lease deposit.

② The Deceased resided in the instant officetel from around that time to the time of his/her death. On February 19, 2016, after completing the move-in report on the instant officetel, the Deceased maintained the said move-in report as it is until he/she dies, except for those temporarily transferred from October 31, 2016 to November 22, 2016.

③ On June 4, 2018, the Defendant paid KRW 10,000,00 to the Plaintiff who demanded the return of the lease deposit (the Defendant alleged that he lent the said money to the Plaintiff, but failed to submit the loan certificate, etc.). The Defendant failed to comply with the Plaintiff’s content-certified mail, which sought the return of the lease deposit, on October 5, 2018.

④ Although the Defendant alleged that he was donated KRW 60,000,000 from the Deceased, he did not submit any supporting evidence.

Rather, in light of the fact that the Plaintiff had paid KRW 20,000,000 among the above KRW 60,000,000, the deceased seems to have never been able to donate the said money to the Defendant.

5. The deceased and the defendant

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