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(영문) 서울북부지방법원 2018.07.25 2017가단125440
임차보증금 반환등
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable to pay 140,000,000 won and the interest thereon from July 27, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 23, 2016, the Plaintiff lent KRW 20,000,00 to Defendant B.

B. On November 19, 2010, the Plaintiff entered into a lease agreement with Defendant C and Seongbuk-gu Seoul, Seongbuk-gu, and 103 Dong 1803 on two years of lease term, 210,000,000 of lease deposit (hereinafter “instant lease agreement”).

C. On January 12, 2017, the Plaintiff and Defendant C agreed on the instant lease agreement. On February 19, 2017, Defendant C acquired the Defendant C’s obligation to refund the lease deposit amount of KRW 140,000,000, excluding the deposit amount of KRW 70,000,000, to be acquired by the new owner E.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. According to the facts of determination, Defendant B is obligated to pay to the Plaintiff the amount of KRW 20,00,000 and damages for delay calculated at the rate of 15% per annum from July 27, 2017 to the date of full payment following the delivery of a copy of the instant complaint. The Defendants are jointly and severally liable to pay the amount of KRW 140,000,000 and damages for delay calculated at the rate of 15% per annum from July 27, 2017 following the delivery of a copy of the instant complaint to the date of full payment.

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

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