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Reasons
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(영문) 서울중앙지방법원 2012.11.06 2012가단119212
보관금 반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Evidence 【Evidence】1, A2-2 through 6, B-6, and the purport of the whole pleadings;

A. The Plaintiff’s damage claim against B, as well as KRW 478,50,454, as well as KRW 5% per annum from June 10, 2009 to April 20, 201, and KRW 20% per annum from the following day to the date of full payment.

(Seoul Central District Court 2010 Gohap125302).(b)

B entered into a lease agreement between B and C on March 3, 2009, between the Namyang-si, D Apartment 112 Dong 1702 (hereinafter referred to as “instant apartment”), with the lease deposit amounting to KRW 170 million and March 30, 2011.

C. The Defendant received the lease deposit from the Defendant on August 28, 2009, and upon cancelling the lease of the instant apartment, received KRW 170 million from C as the agent of B, as the agent of B.

2. The allegations by the parties and the decision of this court (the plaintiff's assertion) are in custody for B by the defendant, who is the mother of B, the lessor C, the return of the lease deposit.

As a creditor against B, the Plaintiff seeks the return of the lease deposit to the Defendant in subrogation of B.

[The defendant's counterclaim] The defendant is the actual defendant of the lease contract between C and the defendant, and the defendant has paid the lease deposit to C with the funds.

[Judgment] (1) The following facts may be acknowledged in full view of the overall purport of the pleadings in evidence (A1, B 1, B 2, B 3, B 4, B 5, B 6, B 7, B 8, B 9, B 10-1, B 11, B 12, B 12, B 13, and B 14)

(A) On April 20, 2006, the Defendant paid KRW 50 million to the lease deposit, and moved-in report to the address following the lease of KRW 102,00,000 to the address of Seocho-gu Seoul Seocho-gu Seoul, Seocho-gu, Seoul, but B did not move-in report

(B) On February 22, 2007, the Defendant borrowed 2,9970,000 won from the National Bank as the low-income household charter loan from the National Bank. On August 20, 2007, the Defendant was a general loan from the National Bank.

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