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(영문) 부산지방법원 2015.06.17 2014나42919

약정금

Text

1. The plaintiff's appeal against the defendant is dismissed.

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

purport, purport, and.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purpose of the entire pleadings as to the statements in Gap evidence 1 to 4 and the testimony of the concerned witness D.

On July 2, 2000, the Plaintiff entered into a lease agreement with C, the Defendant, setting the lease deposit amount of KRW 13,500,000, and the lease term of KRW 13,500 (hereinafter “instant lease agreement”) and the lease term of KRW 13,50,00 (hereinafter “instant lease agreement”).

B. Around 2007, when the instant lease contract was implicitly renewed, the Plaintiff demanded C to return the lease deposit, and C recommended C to rent as referred to in Article 1301 of the Busan-gu Busan-gu G Apartment instead of returning the lease deposit.

Accordingly, around October 2007, the Plaintiff leased the instant building with the F as KRW 20,00,000, monthly rent of KRW 200,000,000, and the F succeeded to the obligation to return the lease deposit under the instant lease, thereby instead of paying KRW 13,50,000 out of the deposit, and paid KRW 6,50,000 of the remainder of the deposit.

2. The Defendant, the owner of the building in this case’s summary of the Plaintiff’s assertion, conferred upon C the right of representation for the conclusion of the lease contract in this case, and C concluded the lease contract in this case on behalf of the Defendant and took over both the obligation to return the lease deposit. As such, the Defendant is jointly and severally liable with C to return the deposit KRW 13,50,000 to the Plaintiff

3. The identity of the party to the judgment is a matter of interpretation of the intent of the party involved in the contract.

The interpretation of a declaration of intention clearly establishes the objective meaning which the parties have given to the display act, and what is the parties to the contract.