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(영문) 창원지방법원진주지원 2014.11.19 2014가합232
임대차보증금반환
Text

1. Defendant B and C jointly and severally with the Plaintiff KRW 150,000,000, and Defendant B with respect thereto from February 14, 2014, and Defendant C.

Reasons

1. Basic facts

A. On April 8, 2013, the Plaintiff entered into and terminated a lease agreement with Defendant B, setting the lease deposit amount of KRW 150,000,000 and the term of lease from June 1, 2013 to May 31, 2015 (hereinafter “instant lease agreement”).

(2) Defendant C, the wife of Defendant B, jointly and severally guaranteed the obligation to the Plaintiff under the above lease agreement. (3) The Plaintiff, according to the instant lease agreement, transferred the amount of KRW 50,000,000,000 to Defendant B’s account under the direction of Defendant B, and KRW 50,000,000,000 on May 2, 2013, 2013.

A total of KRW 150,000,000 was paid as lease deposit.

3) After that, Defendant B became difficult to open the hospital due to financial circumstances, etc., Defendant B’s right to operate the hospital was a medical corporation, and the two cancer medical foundation (hereinafter “the two cancer medical foundation”).

(4) On November 4, 2013, the Plaintiff concluded a lease agreement on the instant hospital restaurant with the two cancer medical foundation.

B. On May 30, 2013, Defendant B entered into a sales contract with Defendant D as to the real estate listed in the separate sheet No. 1, one’s own Dong book, and Defendant D completed the registration of transfer of ownership on May 31, 2013 with this Court No. 25638.

C. On May 30, 2013, Defendant C entered into a mortgage agreement with Defendant D, setting a maximum debt amount of KRW 100,000,00 with respect to the real estate stated in paragraph (2) of the attached Table No. 2, which is one’s own possession, and Defendant C entered into a mortgage agreement with Defendant D, setting the collateral security agreement at KRW 150,00,000,000 with respect to the real estate stated in paragraph (2) of the attached Table No. 2, which is one’s own possession. Defendant C entered into a mortgage agreement with Defendant D on May 31, 2013, which was received on May 31, 2013 as the receipt of the collateral No. 25639, Jul. 17, 2013.

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