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(영문) 수원지방법원 2018.01.31 2016나50211

임대차보증금

Text

1.The judgment of the first instance court, including the preliminary claims added at the trial, shall be modified as follows:

Defendant.

Reasons

1. The reasoning for the court’s explanation as to this part of the reasoning of the judgment of the court of first instance is as follows. No. 2. 1 of the judgment, and No. 4 of the 25 of the 25 of the 4th 25 of the 4th 25 of the 4th 2010 is the same as the description of the relevant part, except for the case where the imported land is "other than imported land". As such, the Plaintiff and C around April 2013, and the Plaintiff agreed that the Plaintiff will pay the Plaintiff KRW 3,00,000 of the 50,000,000 of the lease deposit of the 50,000,000 of the 50,000,000 won of the 30,000 won of the 30,000 won of the 1st 1st 1st 202.

2. The plaintiff's assertion

A. Majorly, the lease contract on the land of this case was concluded in the name of the Plaintiff. Since the Plaintiff was transferred for the purpose of securing the lessee of the land of this case or the deposit for lease, Defendant B, a lessor, is obligated to refund the lease deposit amount of KRW 60,000,000 and the delay damages therefrom to the Plaintiff upon the termination of the above lease.

B. Preliminaryly, Defendant C drafted a contract for the assignment of claims by deceiving the Plaintiff, and on this ground, the said contract for the assignment of claims is revoked. As such, Defendant C bears the duty to notify Defendant B of the purport that “the declaration of intention to transfer the claim for the refund of the lease deposit of this case to Defendant C was withdrawn.” In addition, Defendant B bears the duty to return the lease deposit of this case to the Plaintiff, the transferor, upon the final and conclusive judgment of the above contents.

C. The second preliminaryly, Defendant C and D jointly forged the assignment contract in the name of the Plaintiff, or caused the Plaintiff to prepare the assignment contract in the name of the Plaintiff by deceiving the Plaintiff, thereby resulting from joint tort against the Plaintiff.