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(영문) 서울중앙지방법원 2016.12.28 2015가단26625

확약금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff leased KRW 10 million to the lessee E as of December 22, 2012, among the Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant owned (hereinafter “instant building”), and KRW 20 million to the lessee E as of February 22, 2012. ② A lessee under 211 as of January 2, 2012 was designated and lent to the lessee F as of April 2, 2012. E and F agreed that the amount borrowed from the Plaintiff would have been repaid to the Plaintiff from each of the lease deposits of the instant building.

B. As to whether the Defendant agreed to repay the money borrowed from the Plaintiff to the Plaintiff from each lease deposit of the instant building, the evidence Nos. 1, 2, 4, and 6 (written confirmation) cannot be used as evidence because there is no evidence to prove the authenticity of the document, and the evidence Nos. 1, 2, 4, and 5, and witness F’s testimony is insufficient to recognize it. The Plaintiff’s above assertion is without merit, as there is no other evidence to acknowledge it.

2. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.