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(영문) 대전지방법원 2017.07.14 2017나100886

대여금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found in full view of Gap evidence Nos. 1 to 5, 19, Eul evidence No. 2 (including the paper numbers), Eul's testimony and the whole purport of the pleadings:

On August 10, 2001, C, a member of D Organizations, made a lease agreement between the network E and the second floor office (hereinafter referred to as “instant office”) among the third floor buildings on the F of Yeongdeungpo-gu Seoul Metropolitan Government, with a fixed lease deposit of KRW 10,000,000, monthly rent of KRW 900,000, and from August 15, 2001, paid KRW 5,000,000, out of the above lease deposit, and used the above office as the office of the D Organizations.

B. Since then, on March 4, 2006, the Plaintiff, the Secretary General of D organization, prepared a lease contract under the above name C from March 4, 2006 to March 24, 2006. The remainder was the same as the lease contract under the above name C. When the Plaintiff succeeded to all the lessee’s rights as to the lease contract under the above name C, the Plaintiff paid KRW 5,000,000 at the time in lieu of partial payment of the above lease deposit, and paid KRW 5,00,000 to the deceased E.

C. The Defendant is an organization established on January 28, 2008 pursuant to the former Act on Assistance toG and Establishment of Related Associations amended by Act No. 8566, Jul. 27, 2007.

2. The plaintiff asserted that the plaintiff shall pay 10,000,000 won to the plaintiff according to the above agreement, with the burden of 10,000,000 won of the lease deposit on behalf of the D organization that he held office as the Secretary General. Since the plaintiff agreed to receive the refund of the above lease deposit from the D organization upon the expiration of the above lease term, the defendant who succeeded to the above D organization should refund the above lease deposit amount of 10,000,000

3. Determination

A. First of all, the existence of an agreement to refund the deposit, the Plaintiff agreed to receive a refund of the deposit from the D organization at the time of entering into the instant lease agreement.