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(영문) 서울동부지방법원 2016.07.20 2016나341
계약금등반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: "The above lease agreement" of Paragraph 1 to Paragraph 4 of Paragraph 1 of the judgment of the court of first instance is "the above lease agreement"; "The above lease agreement" of Paragraph 2 of Paragraph 2 is "the above lease agreement only with the entries of No. 1 and No. 2"; "No. 3 of Paragraph 3 of the same Article is sufficient to recognize it and there is no other evidence to acknowledge it"; "No. 4 and No. 1 are any other evidence to acknowledge it"; the first head of Paragraph 3 of the same Article adds "No. 1 to Paragraph 3 of the judgment of the court of first instance," and therefore, it is identical to the reasoning of the judgment of the court of first instance, as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Thus, the defendant is obligated to pay to the plaintiff the amount of KRW 3,00,000 due to the cancellation of the lease agreement and the amount of KRW 3,000 due to the restoration to original state following the delivery of the complaint to the plaintiff [in cases where an absentee administrator is appointed by a court, only the administrator or the administrator may conduct legal proceedings on behalf of the absentee (see Supreme Court Decision 68Da2021, Dec. 24, 1968). Thus, on August 22, 2015, the date when the complaint was served to the administrator C, who is the absentee administrator, the delivery date of the complaint, is deemed to be the date of delivery of the complaint] from August 22, 2015 to December 17, 2015, the date when the judgment of the court of first instance, which is the date when the defendant rendered a decision of the court of first instance, to pay for delay calculated by each 15% per annum as stipulated in the Act on Special Cases concerning Promotion, etc. of Legal Proceedings from the next day to the day

Therefore, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. Since the judgment of the court of first instance is partially unfair with the conclusion, the part against the defendant ordering payment exceeding the above scope of recognition shall be revoked and that part shall be revoked.

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