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(영문) 대구지방법원포항지원 2017.12.19 2017가단100404
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 9, 2010, the Defendant leased the Plaintiff’s KRW 200,000 (hereinafter “instant lease deposit”) from the Plaintiff, from September 7, 2010 to September 6, 2012, the period from September 7, 2010 to September 6, 2012, the lease deposit amount of KRW 200,000 (hereinafter “instant lease deposit”) and the rent of KRW 50,000 per month.

(A) On October 8, 2010, D, the Defendant’s spouse of the instant lease agreement, made an agreement (hereinafter “instant agreement”) stating that “D and the Defendant jointly paid KRW 269,914,958 in relation to the transfer of the right to register electrical construction business to the instant company, and jointly transferred the right to return the lease deposit to the instant company, and the Defendant transferred the right to return the lease deposit to the said real estate owner, and the Defendant notified the transfer of the right to the said real estate owner.” However, the Defendant’s seal impression was affixed to the joint and several liability column of the instant agreement, and D’s personal seal impression was attached thereto.

On October 8, 2010, the agreement on the assignment of claims and notice of the assignment of claims (hereinafter “the agreement and notice of the assignment of claims”) stating that “the Defendant shall transfer and notify the Plaintiff the obligation to return the lease deposit of this case to the instant company,” was prepared. The Defendant’s seal impression was affixed in the column of each written transfer, and D was accompanied by the Defendant’s certificate of personal seal impression issued by proxy.

On the other hand, the Plaintiff received the instant transfer contract and the instant notice around October 8, 2010, and on January 20, 201, between the Defendant and the Defendant, the Plaintiff changed the lease deposit amount of KRW 200,000,000 as of January 20, 201, to KRW 100,000, and monthly rent of KRW 1,600,000, and the Defendant additionally sent a confirmation document that the instant company would pay KRW 100,00,000 to the Defendant for the transfer of the lease deposit under the written agreement on October 8, 2010.

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