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(영문) 서울서부지방법원 2017.05.23 2016가단256336

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The judgment on the cause of the claim shall be revoked by the Defendant’s deception that the instant lease agreement entered into with the Defendant.

or the return of the lease amount already paid, alleging that the contract was rescinded because the execution of the contract was impossible due to the defendant's fault.

According to the evidence evidence No. 1, it is recognized that the Plaintiff entered into a lease agreement with the Defendant on October 12, 2015 with respect to 30 million won and paid down payment.

However, only the evidence submitted by the Plaintiff was that D, who was represented by the Defendant or the Defendant at the time of entering into the above contract, deceiving the Plaintiff.

It is insufficient to recognize that the execution of the above lease contract was impossible due to the reasons attributable to the defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case based on the premise that the lease contract of this case was revoked or cancelled is without merit.

2. The plaintiff's claim of this case is dismissed on the ground that it is without merit.