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(영문) 인천지방법원부천지원 2015.06.26 2014가단44804

양수금 등

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 21, 201, the Plaintiff entered into a lease agreement with C to lease KRW 20,000,000 (hereinafter “instant store”) with the Defendant’s KRW 120,121 on the first floor of the Bupyeong-gu Seoul Special Metropolitan City D market owned by the Defendant for two years (hereinafter “instant store”).

B. Around July 2013, the Plaintiff agreed to change the lessee of the instant store from C and the instant store to E, and on July 9, 2013, E concluded a lease agreement with Defendant C, setting a deposit of KRW 20,000,000 for the instant store, monthly rent of KRW 300,000, and the period of 12 months for the instant store.

(hereinafter referred to as "the instant lease agreement"). (c)

On December 13, 2013, the Plaintiff acquired the right to return the lease deposit under the instant lease agreement from E, and completed the notification of the assignment of the claim to C on May 1, 2015 when the instant lawsuit was pending.

On the other hand, the store of this case is now in a state from the time of the above transfer date to the closing date of the argument of this case.

E. C received a summary order of KRW 500,000 as an offense of altering a private document by altering the term of the instant lease agreement into 24 months.

[Grounds for recognition] The descriptions of Gap evidence Nos. 2, 4, 5, 7, and 8, and the purport of the whole pleadings

2. The Plaintiff asserts that the Defendant, jointly and severally with C, who granted C the authority to conclude a lease agreement with respect to the instant store, also has the duty to pay the Plaintiff KRW 20,00,000 as consolation money for mental damage caused by the alteration of the private document of C and the lease deposit amount of KRW 20,000 upon the termination of the instant lease agreement.

In full view of the statement No. 1, the Defendant is deemed to have granted C the authority to conclude the instant lease agreement with respect to the instant store as the owner of the instant store, but the above facts alone are obliged to return the deposit money under the instant lease agreement to the Plaintiff.

or C’s act of altering private documents shall be liable for damages.