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(영문) 부산지방법원 2020.01.22 2018가단334394
임대차보증금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 15, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the managing director C of the instant officetel on the terms of leasing real estate listed in the separate sheet (hereinafter “instant officetel”) with the lease deposit amount of KRW 35,000,000 and the lease period of KRW 24 months from May 18, 2013 (hereinafter “instant lease agreement”).

B. On May 15, 2013, the Plaintiff deposited KRW 31,50,000,000 as the deposit for the lease deposit under the instant lease contract, and KRW 35,000,000 in total, as the account of community credit cooperatives under the name of the D Steering Committee, on May 18, 2013.

C. However, the fact was that C entered into the instant lease contract with the Plaintiff by forging the instant lease contract as if it was delegated even though C had not been delegated by the Defendant with the authority to conclude the instant lease contract.

C In order to avoid this, C was prepared by the Defendant on May 16, 2013, which was determined from May 25, 2013 as the monthly rent of KRW 3,000,000, monthly rent of KRW 300,000, and the lease term of KRW 300,000, and as the monthly rent of KRW 24 months from May 25, 2013, while the Defendant entered into a monthly rent contract with the Plaintiff as to the instant officetel.

(hereinafter “instant monthly rent contract”). However, C does not have the authority to conclude the instant monthly rent contract, which was delegated by the Plaintiff.

On May 20, 2013, the Defendant received KRW 3,000,00 from C as the monthly rent deposit under the instant monthly rent contract, and thereafter received KRW 300,000 from June 25, 2013 to May 29, 2018, respectively.

E. The Plaintiff occupied and used the instant officetel from May 19, 2013 to December 14, 2017, and transferred the instant officetel to C around December 14, 2017.

After that, C is not a new lessee E and is delegated by the Defendant with the authority to conclude the lease contract, and as such, C is a forgery of the lease contract.

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