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(영문) 부산지방법원서부지원 2019.01.29 2017가단105157
전세보증금반환
Text

1. Defendant C Co., Ltd.: KRW 97,510,000 and 5% per annum from June 11, 2017 to January 29, 2019.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2:

On June 1, 2013, the Plaintiff: (a) leased the leased object of this case at KRW 100 million from June 1, 2013 to May 30, 2015 (hereinafter “instant lease agreement”); and (b) around that time, the Plaintiff paid the full amount of the deposit to the Defendant at KRW 100,000,000 from June 1, 2013 to May 30, 2015.

B. Defendant C (hereinafter “Defendant C”) received the instant building from Defendant B as contribution in kind, and completed the registration of ownership transfer on November 28, 2014 with respect to the instant building, and the Defendant Company succeeded to the lessor’s status of the instant lease agreement.

C. The instant lease agreement was terminated by implied renewal. On June 10, 2017, the Plaintiff returned the leased object of the instant lease to the Defendant Company.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant company is obligated to refund the lease deposit amount of KRW 100 million to the plaintiff and pay damages for delay.

The plaintiff asserts that the defendant B is jointly and severally liable for the repayment of the lease deposit with the defendant company, but if the ownership of the leased real estate is transferred and the transferee succeeds to the status of the lessor, the obligation for the repayment of the lease deposit is also transferred to the transferee who succeeded to the status of the lessor in combination with ownership, and thus the obligation for the repayment of the deposit by the transferor is extinguished

B. 1) Determination as to Defendant Company’s defenses 1) implied processing machines (f5,924,628 117,69,038 2) including the repair cost of Defendant Company’s defense 1.

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