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(영문) 의정부지방법원 2014.11.11 2014가단12614
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 17, 2012, Nonparty C entered into a lease agreement with the Defendant on the condition that the lease deposit is KRW 60 million, monthly rent of KRW 1.8 million, and the lease period of KRW 1.12 months from October 10, 2012.

B. The above contract stipulates that “a deposit shall be refunded in the presence of A after the expiration of the contract” as a special agreement.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The party's assertion and judgment

A. Party’s assertion (i.e., the Plaintiff’s allegation on the lease agreement) was agreed between C and the Defendant to pay the remaining lease deposit to the Plaintiff, upon entering into an agreement on the termination of the said lease agreement.

Therefore, the defendant is liable to pay the above lease deposit to the plaintiff.

Dol the defendant's argument also requests the return of the lease deposit. The defendant is unable to respond to the plaintiff's request because the remaining lease deposit belongs to anyone.

B. According to the reasoning of the evidence No. 2, it is acknowledged that the Defendant and the Defendant asserted that F had the authority to act on behalf of C, and that F terminated the above lease agreement as of April 9, 2014, and that the remaining lease deposit should be paid to the Plaintiff, and the remainder should be paid to C.

However, as to whether F was authorized to prepare the above agreement on behalf of C, the health class, Gap evidence 4 seems to correspond to this.

However, the evidence to acknowledge the authenticity is the only testimony of the witness F, and the witness F testified that the witness F's testimony cannot be trusted, and the witness F made C's direct seal on the evidence No. 2.

However, according to the statement in Eul evidence 7, at the time of preparing the above contract agreement, the defendant, G, and F drafted a written agreement in the tables of the above E office, and the F affix the seal in Eul evidence 2.

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