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(영문) 청주지방법원제천지원 2020.10.28 2020가단20698
손해배상(기)
Text

The defendant's KRW 26,685,426 to the plaintiff and 5% per annum from February 20, 2020 to October 28, 2020 to the plaintiff.

Reasons

1. Basic facts

A. On May 10, 2010, the Defendant leased to D the lease deposit amounting to KRW 120,00,000, monthly rent of KRW 2,000,000, management expenses, and electricity fees of KRW 1,000,000, and electricity fees of KRW 1,000,000, and the separate lease period from June 1, 2010 to May 30, 2012. The Defendant received KRW 120,000,000 from D around that time.

B. On October 6, 201, the Plaintiff entered into a loan agreement with D to provide D with a loan of KRW 80,000,000 at a rate of 8.7% per annum, and D to transfer to D the Plaintiff the lease deposit refund claim amounting to KRW 120,000,000 (hereinafter “the lease deposit refund claim of this case”). In order to perform the instant loan obligation, D entered into a loan agreement with D to transfer to D the Plaintiff the lease deposit refund claim amounting to KRW 120,00,00.

(hereinafter “instant loan agreement”). D notified the Defendant of the transfer of the right to return the lease deposit against the Plaintiff on October 12, 2011.

The consent of the Plaintiff and D’s consent to the execution of the loan of KRW 120,00,000 between the Plaintiff and D. The Defendant does not refund the lease deposit to D before the repayment of D’s obligation to the Plaintiff.

On October 2011, the Defendant issued to the Plaintiff a written consent regarding the transfer of the right to return the lease deposit, with the following content:

(hereinafter “First Consent Form”) D.

On May 30, 2014, the Defendant and D entered into a new lease agreement with the term from June 1, 2014 to May 31, 2016, by setting the lease agreement as KRW 120,000,000, the rent of KRW 2,50,000, management fee of KRW 1,50,000 (excluding electricity and water supply fee), and the term of lease from June 1, 2014 to May 31, 2016.

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