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(영문) 춘천지방법원강릉지원 2016.11.01 2016나50303

임대차보증금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning for this Court’s explanation concerning this part of the basic facts is the same as the entry “1. Recognizing the facts” of the first instance judgment, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On the first instance judgment of the first instance court, the first and the next five shall be deleted, respectively.

The third 6th 6th 1st 6th 1st son of the first 1st son's decision was followed as follows.

The Plaintiff received the instant apartment from F on March 23, 2010, and transferred the instant apartment to F on May 20, 2010. On August 19, 2010, the Plaintiff made a move-in report into the instant apartment, which is located in Pyeongtaek-gun, Gangwon-gu, Gangwon-do, and transferred to 104, and on October 26, 2010, transferred the move-in report to the instant apartment to 403 E apartment located in D on October 26, 2010, and completed the move-in report again on December 14, 2010. After that, on April 10, 201, the Plaintiff transferred the instant apartment to F on April 10, 2012, the first instance court rendered a move-in report with the witness “KF, witness testimony, part of the witness’s testimony,” the witness testimony at the first instance trial, and the witness at the first instance trial of J. 1, 2012.”

2. Summary of the parties’ assertion

A. Plaintiff 1) The primary claimant succeeded to the lessor status under the instant lease agreement. On April 10, 2012, the Plaintiff delivered the instant apartment to Defendant’s agent F, and accordingly, the Defendant is obligated to refund the lease deposit amount of KRW 30 million and the delay damages therefrom to the Plaintiff. Therefore, the Defendant entered into an agreement with the Plaintiff via G or F to refund the lease deposit amount of KRW 30 million to the Plaintiff via his agent G or F, and the Defendant is obligated to pay the said agreement amount of KRW 30 million and the delay damages therefrom to the Plaintiff.

B. The Plaintiff did not conclude a lease contract with the Defendant C, and the said company.