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(영문) 대구지방법원 2019.03.06 2017가단131452
임차보증금
Text

1. The defendant is the Daegu District Court's Busan District Court's Gyeong-si Office as to the building of 1 week D from the plaintiff and C.

Reasons

1. Basic facts

A. On September 7, 2015, the Plaintiff and C Co., Ltd (hereinafter referred to as “C”) leased from the Defendant the first and second floors (hereinafter referred to as “the instant leased section”) of the three-story buildings (hereinafter referred to as “instant building”) located in Yongsan-si (hereinafter referred to as “instant building”) from the Defendant during the period from October 24, 2015 to October 23, 2016, the lease deposit amount of KRW 300 million, monthly rent of KRW 15 million, and the lease term of KRW 100,000,000 from October 24, 2015 to October 23, 2016.

(2) At the time of the instant lease agreement, E, the Defendant’s spouse at the time of the instant lease agreement, signed and sealed on the lessor’s “joint title holder” column.

B. The Plaintiff and C completed the registration of creation of chonsegwon (hereinafter “registration of creation of chonsegwon”) with respect to the instant building as the secured claim with respect to the claim to return the lease deposit under the instant lease agreement, No. 75611, Dec. 16, 2015, which was received on December 16, 2015.

C. On December 21, 2015, C transferred to the Plaintiff the claim for refund of the lease deposit (150 million won) under its instant lease agreement, and notified the Defendant of the assignment of the claim around that time.

Since then, the lease term of the instant lease contract was extended between the Plaintiff and C, and around June 22, 2017, the agreement was already terminated, and the lease deposit of this case remains in KRW 14,0250,000.

On June 22, 2017, E prepared and issued to the Plaintiff a written confirmation stating that “The Plaintiff will pay KRW 50 million out of the remaining balance of KRW 140,250,000,000 to the time of the instant lease deposit until June 30, 2017, and promise to pay KRW 90,250,000 to the Plaintiff by October 31, 2017.”

E. On July 4, 2017, the Defendant paid to the Plaintiff KRW 50 million as part of the lease deposit under the instant lease agreement, and thereafter, did not pay the remainder of KRW 90,250,000 up to the date.

[Ground of recognition] There is no dispute.

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