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(영문) 서울중앙지방법원 2018.10.17 2018나12963

임대차보증금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

Basic Facts

On July 6, 2011, the Plaintiff concluded a lease agreement with Defendant B, setting the lease deposit amount of KRW 25 million for the three floors of the Gangnam-gu Seoul D Building (hereinafter “instant building”) from July 6, 201, between July 18, 201 and July 17, 2012, to lease KRW 3 million per month.

(hereinafter “instant lease agreement”). The Plaintiff was the actual operator of E Co., Ltd. (hereinafter referred to as “Co., Ltd.”) for the purpose of the sale and purchase, lease, etc. of construction machinery, and was detained on October 10, 201 due to fraud, etc. and has been admitted to prison until now.

At the request of Defendant C, the representative director of the Dispute Resolution E, Defendant B, and the representative director of the Dispute Resolution Co., Ltd., agreed to terminate the instant lease agreement after receiving and verifying a letter of transfer of real estate lease deposit (No. 3) in the name of the Plaintiff and the Dispute Resolution Co., Ltd. on August 10, 201, and after deducting the overdue rent, Defendant B returned the remaining lease deposit KRW 11,00,000 to the account in the name of the Dispute Resolution Co., Ltd.

[Grounds for recognition] The plaintiff's assertion of the purport of the whole pleadings and evidence Nos. 1 through 3, Eul's evidence Nos. 1 through 4, Eul's evidence Nos. 1 through 3, and Eul's assertion of the purport of the whole pleadings by the plaintiff. The plaintiff asserted that the defendant C, without the plaintiff's permission, forged the transfer documents of the lease deposit under the plaintiff's name, presented them to the plaintiff Eul, and used them at will after the lease contract was terminated, and the plaintiff B did not properly confirm the plaintiff's intention, and returned the lease deposit to the defendant C without the plaintiff's consent. Thus, the defendants are jointly and severally liable for damages to the plaintiff as a joint tortfeasor.

The Defendants asserted that the Plaintiff delegated F with F the authority to claim the return of the lease deposit, and Defendant C was delegated with F with the authority of F, and the instant lease agreement with Defendant B is legitimate.