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(영문) 서울중앙지방법원 2017.12.20 2017가단5012878

임대차보증금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 6, 2011, the Plaintiff concluded a lease agreement with Defendant B and Seoul, setting the lease deposit of KRW 25 million for the three floors of the building in Gangnam-gu, Seoul, as between July 18, 201 and July 17, 201, and the monthly rent of KRW 3 million.

(hereinafter “instant lease agreement”). B.

The Plaintiff was the actual operator of E Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of the sale and purchase of construction machinery, etc., but was detained on October 10, 201 and released on April 25, 2012.

C. Upon the request of Defendant C, the representative director of the Nonparty Company, the Plaintiff and Nonparty Company, received and confirmed a letter of transfer of real estate lease deposit (Ga evidence 3) from the Plaintiff and Nonparty Company on August 10, 2011, Defendant B agreed to terminate the instant lease agreement with Nonparty C, the representative director of the Nonparty Company, after deducting unpaid monthly rent, etc. until August 31, 201, and returned KRW 11,000,000 to Nonparty Company’s account in the name of Nonparty Company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1-4, Eul evidence Nos. 1-3, witness F's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that Defendant C, without the Plaintiff’s permission, forged the documents regarding the transfer of the lease deposit claim under the instant lease agreement under the name of the Plaintiff, presented them to Defendant B, and then received the lease deposit after settlement from Defendant B and consumed it voluntarily. Defendant B did not confirm the Plaintiff’s intent properly and returned the lease deposit after settlement to Defendant C. As such, the Defendants jointly and severally liable to pay the Plaintiff damages as stated in the purport of the claim.

B. Comprehensively taking account of each of the above evidence and the statement in Gap evidence 7, the plaintiff transferred to F on August 2, 201, when the defendant was a criminal suspect, all of the rights to all the claims of the plaintiff himself/herself.