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(영문) 서울중앙지방법원 2019.11.28 2019가단5149019
구상금 등 청구의 소
Text

1. Defendant B:

A. The Plaintiff’s KRW 85,892,802 and its related KRW 6% per annum from January 19, 2019 to February 17, 2019.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2.(a)

Claim against Defendant B: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act)

(b) Claim against Defendant C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act)

3. The security deposit received in a partial dismissal of a real estate provides a lessee with a security for all the obligations of the lessee due to the lease, such as rent and liability for damages incurred by destruction or damage of an object, and the amount equivalent to the secured obligation is naturally deducted from the security deposit without a separate declaration of intention, unless there are special circumstances, when the object is returned after the termination of the lease relationship, and the same applies even if the claim for the refund of the security deposit is transferred or established

Therefore, the part of the Plaintiff’s claim against Defendant C in excess of the Disposition No. 2 is dismissed.

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