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(영문) 의정부지방법원 2018.01.17 2017나6031
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall pay to the plaintiff KRW 13,068,382 as well as to the plaintiff.

Reasons

1. Basic facts

A. On May 30, 2014, the Defendant concluded a lease agreement that leases KRW 50 million to C the deposit amount of KRW 208 and 209 (hereinafter “instant shopping mall”) at the Gyeonggi-gu World Trade Complex B (hereinafter “instant shopping mall”).

B. C applied for a loan of a security deposit for business start-up lease to the Plaintiff in order to raise a security deposit under the instant lease agreement.

On May 30, 2014, the Plaintiff received C’s loan application: (a) entered into a loan agreement to lend KRW 30 million to C on June 2, 2014; and (b) loaned KRW 30 million on June 9, 2014, with the following terms and conditions (hereinafter “instant agreement”); (c) the Plaintiff, a lessor of the instant lease agreement, entered into a loan agreement with the Defendant.

(hereinafter referred to as the “instant loan agreement and loan”). A lessor, the lessee, and the Plaintiff (A) of the leased deposit shall, in addition to the lease agreement, agree as follows.

1. A and B verify that the instant lease agreement was true.

2. Where Party A and Party B intend to return security deposit to Party B due to the modification, renewal, termination, termination, termination, termination, termination, termination, etc. of a lease agreement, and where Party B and Party B are in arrears for not less than 3 months accumulated, Party A shall immediately notify Party B of such fact.

3. Where Party A intends to return the deposits to Party B, he/she shall agree concurrently, and where Party B makes a request, Party A shall directly pay the deposits (the whole or part of the deposits) to be returned to Party B to Party B’s account as designated by Party B;

In addition, Gap and Eul consent thereto, and they do not raise any separate objection.

4. If Eul fails to pay the monthly rent for at least three months or to repay the principal and interest of the loan to Byung for at least 90 days, Byung may demand the refund of the deposit to Byung, and Gap shall immediately perform it.

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