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(영문) 서울중앙지방법원 2016.10.21 2015나67849

보증금반환

Text

1. Of the judgment of the first instance court, the part against C, D, E, and F, which is the taking-off of the lawsuit against the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) shall be revoked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Advisory Committee on the Management of I University (hereinafter “Advisory Committee”) comprised of students in the management department of I University decided to establish a learning center for the purpose of improving the learning environment of students under his/her jurisdiction, raised 23 to 25 students in the management department at the time, and thereafter, the Plaintiff, the chairman of the management department 23th anniversary of January 2005, leased the office of Seongdong-gu Seoul, Seongdong-gu (hereinafter “the first lease contract in this case”), and used the said office as a learning center of the Advisory Committee, using the said office with the money collected by students as above, and operating the education center in the manner that the fourth-year representative of the management department and the fourth-year representative of the Advisory Committee concluded a lease contract.

B. From the date of February 208, the Advisory Committee (hereinafter referred to as the “instant building” and the “instant learning center”) concluded a lease contract with the content that, on behalf of the Advisory Committee on January 23, 2008, K, which had been the chairman of the management department at the time of management department 26, borrowed the instant building from the management department 40 million to February 29, 2008, the lease deposit amount of KRW 40 million, KRW 40,40,909, and the lease term of KRW 29 to the end of February 28, 2009 (hereinafter referred to as “the lease contract”). The lease contract was concluded between February 29, 2008 and February 28, 2009.

C. Following the year 2009, the 27th anniversary of the number of members enrolled in the management department belonging to the advisory committee and the 28th anniversary of the 3th anniversary of the 4th anniversary of the 2009, the 29th anniversary of the said M and the 29th anniversary of the 3th anniversary of the 2010, the 30th anniversary of the said N and the 30th anniversary of the 30th anniversary of the 30th anniversary of the 2012, and the 31st anniversary of the 2012.