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Reasons
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(영문) 부산지방법원 2017.12.12 2017가단317880
대여금
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1. The Defendants jointly committed against the Plaintiff KRW 207,184,825 and KRW 200,00,000 among them, Defendant B shall be jointly committed against the Plaintiff on March 14, 2017.

Reasons

1. Facts of recognition;

A. On February 10, 2015, the Plaintiff, from the Defendants, agreed to lease the EMoel located in the north-gu Port (hereinafter “EMoel”) at KRW 200,000,000, monthly rent of KRW 8,000, and paid the Defendants KRW 200,000,000.

B. However, the Defendants agreed to pay to the Plaintiff KRW 4,00,000 per month interest as to the above lease deposit, since they operate the EM, and the Plaintiff consented thereto.

C. The Plaintiff did not pay the interest agreed to be paid by the Defendants properly. From November 1, 2016, the Plaintiff operated the EMel, and the said lease agreement expired on February 9, 2017.

Upon termination of the lease agreement, the Plaintiff delivered EMoel to the Defendants.

On February 10, 2017, the Plaintiff and the Defendants agreed to KRW 12,517,000, which deducts the Plaintiff’s rent of KRW 18,149,00 from the total interest of KRW 30,66,00 for the period during which the Plaintiff directly operates the EM from October 11, 2016, to October 31, 2016 (the end of October from October 11, 2016 to October 31, 2016).

E. Meanwhile, at KRW 12,517,00, the amount of KRW 5,332,175, including public charges, which the Plaintiff had not paid to the Defendants during the period operated by the Plaintiff (i.e., the amount calculated by deducting the electricity charges of KRW 4,252,340 from the electricity charges of KRW 27,720,65,00 communication charges of KRW 65,09,00 from January 1, 2017 to February 9, 2017, KRW 60,6355,784,585, from February 1, 2017 to February 9, 2017) from the electricity charges of KRW 4,252,340 from December 9, 2016 to the electricity charges of KRW 27,720,000 from February 9, 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, the purport of whole pleadings

2. According to the above facts of determination, the Defendants jointly share the amount of KRW 207,184,825 (=200,000,000, the agreed interest of KRW 7,184,825) of the lease deposit and the agreed interest, and the lease deposit among them, 200,000.

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