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(영문) 대법원 2017.10.12 2017다6290
전세보증금반환
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court determined that Defendant D guaranteed Defendant C’s payment of KRW 20,00,000 to the Plaintiff out of Defendant C’s obligation to refund lease deposit amounting to KRW 80,000,000, which is a lessor. Although the distribution schedule was prepared to the effect that the Plaintiff received dividends of KRW 41,632,06 in the process of voluntary auction of the instant real estate, the lower court did not accept the Defendants’ assertion of the dividend deduction insofar as the Plaintiff did not actually receive dividends.

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

There is no error by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the deduction of the amount of debt due to dividends.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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