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(영문) 서울남부지방법원 2018.02.08 2017나57378
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. C around August 2005, around 2005, leased the 1st floor of D Building 1 (hereinafter “instant store”) from J with a lease deposit of KRW 200 million, monthly rent of KRW 700,000,000 per month, and two years with a lease term of KRW 200,000,000, and operated clothing sales as F, E, and Dong businesses.

B. On August 2007, F, upon the expiration of the above lease agreement, recovered the amount equivalent to the above lease deposit that he invested, and C, around that time, borrowed KRW 200 million from the Plaintiff (hereinafter “the instant loan”) and paid it to J as the lease deposit, and re-leased the instant store.

C. C and the Plaintiff offered the lease deposit of the instant store (hereinafter “the instant lease deposit”) as a security for the instant loan, and accordingly, on August 26, 2007, the Plaintiff drafted a lease contract under which the lessor J and the date of preparation thereof was KRW 200 million retroactively from August 26, 2005, and the lease term was from August 31, 2005 to August 31, 2007.

On September 30, 2009, C entered into a lease agreement with the lessor J on the condition that it is the monthly rent of the store of this case. D.

On September 4, 2015, the Plaintiff filed a lawsuit against the lessor J, Seoul Southern District Court 2014Gahap3796, and the said court rendered a judgment on September 4, 2015 that “J shall pay to the Plaintiff KRW 59 million (the sum of overdue rent at KRW 200 million plus KRW 140,950,000) and its delay damages.” The said judgment became final and conclusive around that time.

E. On October 27, 2016, the Plaintiff filed a claim for damages against C, Seoul Southern District Court Decision 2015Da236077, and sentenced C to the judgment of the said court that “C shall pay the Plaintiff KRW 14,0950,00 (the loan amount of this case - KRW 200 million - the amount received from J - the amount of KRW 59050,00) and the delay damages therefrom,” and C is dissatisfied with this judgment and the Seoul Southern Southern District Court.

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