(영문) 서울중앙지방법원 2019.01.24 2018나7855

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(영문) 서울중앙지방법원 2019.01.24 2018나7855

구상금

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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 86,768,140 as well as to the plaintiff on April 2016.

Reasons

1. Basic facts

A. On July 3, 2013, C, who is an employee of the Korea Land and Housing Corporation (hereinafter “Housing Corporation”), concluded a lease agreement with the Defendant on July 3, 2013 with regard to multi-household E (hereinafter “instant housing”) for KRW 90,000 in terms of lease deposit, KRW 250,00 in terms of rent, KRW 50,00 in terms of rent, KRW 50,00 in terms of management fee, and KRW 24 months in terms of lease period from July 20, 2013 to July 19, 2015.

B. Since C, around July 2013, it explained that the lessee should prepare a lease contract in which the lessee is the Housing Corporation, since C had been provided with the lease deposit from the Housing Corporation on the site of the Defendant, F, and G that arranged the above lease contract, and the Defendant signed and sealed the real estate lease contract (hereinafter “instant lease contract”) with the period from July 2013 to July 20, 2015.

C. Article 2 of the instant lease agreement is stipulated as follows.

Article 2 (Return of Lease Deposit) The defendant shall refund the full amount of the lease deposit to the Housing Corporation on the eviction day after the expiration of the term of the contract (including termination) and the Housing Corporation shall issue a receipt in the name of the defendant at the same time as the lease deposit is received.

Provided, That where consent is given by the power of delegation of the Housing Corporation in advance, the lease deposit may be refunded to C, and where the Housing Corporation suffers damage due to negligence in confirmation of prior consent, etc., the defendant shall compensate for the damage.

Around that time, the Defendant affixed a receipt (No. 7, hereinafter “instant receipt”) to the effect that the Defendant received KRW 90,000,000 from the Housing Corporation by bearing the lease deposit for leasing the instant house.

E. The Plaintiff on March 2013

유사 판례

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