공탁금 출급청구권 확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From May 14, 2010, D, the husband of the Plaintiff, worked as a general director in charge of the Defendant Company’s business and general director. D and the Defendant Company agreed to enter into a lease agreement with C on the premise that the Defendant Company’s lease of Daejeon-dong E 803 Dong 204 (hereinafter “instant housing”) owned by C, Daejeon-gu, Daejeon-gu, 2017, and paid monthly rent, and D agreed to reside at the same time.
B. D, as of February 17, 2017, entered into a lease agreement with C, between which the instant house is KRW 30 million, monthly rent of KRW 1.2 million, and the lease term from March 24, 2017 to March 23, 2019 (the lease term thereafter was changed from April 24, 2017 to April 24, 2019), and the lessee entered into a lease agreement with the Defendant company, and the lessee entered into a signature on the side of the Defendant company’s trade name.
(C) The lease contract under the above lease contract is "the lease contract of this case".
On February 17, 2017, the Plaintiff: (a) KRW 3 million under the instant lease agreement; and (b) the same year.
3.24. The remaining lease deposit was transferred from the bank account in one’s own name to the bank account in C. D.
On May 2017, the Plaintiff demanded C to return the lease deposit, and the same year.
9. 24. On the other hand, the instant lease contract was terminated, and the return of the lease deposit was demanded again, and C deposited KRW 24,141,530, which was the remainder after deducting some of the lease deposit, as the Daejeon District Court No. 2019, 2017, which was the Plaintiff and the Defendant Company, on October 18, 2017.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion 1 is that the Plaintiff paid all the lease deposit under the instant lease agreement, and C also received delegation from D or D, who is an offender, rather than the Defendant, the nominal owner of the instant lease agreement.