logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.07.25 2013가단48033
보증금 반환
Text

1. The defendant shall pay 26,00,000 won to the plaintiff and 20% per annum from January 3, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 21, 2012, C leased the second floor of the Eunpyeong-gu Seoul Metropolitan Government D ground building owned by the Defendant from the Defendant as the lease deposit amount of KRW 50 million, monthly rent of KRW 1.5 million, and the lease term of KRW 24 months from November 24, 2012.

(hereinafter “instant lease agreement”). B.

On the other hand, C, whose security deposit was insufficient, borrowed KRW 26 million from the Plaintiff as security, and notified the Defendant of such circumstance, and requested C, to enter the name of the Plaintiff in the lessee column of the instant lease contract. The Defendant accepted this, and made the Defendant enter the name and personal information of the Plaintiff at the bottom in the lessee column of the instant lease contract, and affixed the Plaintiff’s seal on the name of the Plaintiff.

C. On November 29, 2012, the Plaintiff directly remitted the remainder of KRW 26 million out of the deposit for lease of this case to the Defendant. D.

C was in arrears for more than three months, and the Defendant notified C of the termination of the instant lease agreement on October 25, 2013 on the ground that the payment was overdue.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, the purport of the whole pleadings

2. Determination

A. As to the cause of the Plaintiff’s claim, the Plaintiff lent KRW 26 million to C as security, and the Defendant accepted C’s request to enter the Plaintiff’s name and personal information in the lessee column of the lease agreement of this case while being aware of such fact, and made the Plaintiff enter the Plaintiff’s name and personal information in the lessee column of the lease agreement of this case and affixed the Plaintiff’s seal thereto, and then directly received KRW 26 million from the Plaintiff as part of the lease deposit of this case.

If facts are the same, the Defendant loaned KRW 26 million to C as security for the claim for the refund of the lease deposit of this case.

arrow