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(영문) 서울북부지방법원 2015.07.21 2014가단50224
대여금등
Text

1. The Defendants jointly with Co-Defendant C of the instant case and jointly with the Plaintiff, KRW 24,959,932, respectively, and KRW 24,250.

Reasons

1. Basic facts

A. On October 31, 2012, C, which was the co-defendant of the instant case, leased the lease deposit amount of KRW 260,000,000 and KRW 1102,00 (hereinafter “instant apartment”) from the Defendants, Namyang-si, Nam-si (hereinafter “instant apartment”), with the period from November 5, 2012 to November 4, 2014. In order to prepare the lease deposit, C borrowed KRW 140,00,000 from the Plaintiff on November 5, 2012 to secure the obligation to repay the loan principal and interest, the Plaintiff entered into a pledge agreement with the Plaintiff by setting the maximum amount of the deposit amount of KRW 168,00,00 with respect to the claim to return the lease deposit of the instant apartment, and at that time the Defendants prepared and delivered to the law firm that was delegated by the Plaintiff with respect to the establishment of the pledge and the consent to return the deposit amount to the employees of the Plaintiff, respectively.

(B) The Defendant directly corrected the amount corresponding to the column of original loan and the amount of pledge in each of the above documents at the Plaintiff’s request. (B)

After that, the Plaintiff lent 140,000,000 won to C, and C added the said money to the Defendants, paid 260,000,000 won for the lease deposit of the apartment in this case, and then occupied the apartment in this case.

C. However, at the request of C around October 2013, the Defendants agreed to convert the aforementioned lease agreement with C as above with respect to the instant apartment into a monthly rent of KRW 1,300,000,000 for a monthly rent of KRW 1,60,000 for a lease deposit. Without the Plaintiff’s consent, C returned KRW 160,000 out of the initial lease deposit to C without the Plaintiff’s consent. As of November 18, 2014, when the period of loan expires, C did not pay the Plaintiff a total of KRW 49,919,865 for the Plaintiff (i.e., the principal amount of KRW 48,50,000 for a loan of KRW 1,419,865 for a loan of KRW 7% per annum.

[Reasons for Recognition] There is no dispute between the parties, or the parties Gap 1, 2, 3, 4-1, 4-2, 5, 6, 6.

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