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(영문) 서울중앙지방법원 2014.09.15 2013가단205738
전대차보증금 반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 21, 201, the Plaintiff agreed from Defendant B Co., Ltd. (hereinafter referred to as “B”) to use the name of the Defendant B while setting the 1,000,000,000, monthly rent of 36,300,000, and one year, respectively (hereinafter referred to as the instant sub-lease contract, and the name of the business owner was used as the name of the Defendant B, and the public charges and taxes were liable to the Plaintiff.

B. On July 20, 2012, Defendant C, the representative director of Defendant B, returned to the Plaintiff the sub-lease deposit upon the termination of the sub-lease contract of this case. Since it is unclear whether E, who actually operated the commercial building of this case, delivers a check (the check number F; hereinafter the check of this case) with the face value of KRW 33,00,000,00, it confirmed it, and thereafter, written a written confirmation that Defendant C would pay damages for delay in addition to the rate of 2% per month if it is recognized to have received it (hereinafter the confirmation document of this case).

C. From the E’s financial account on July 12, 201, KRW 33,00,000 was deposited in the check. The check of this case issued on July 12, 201 was presented for payment without being endorsed as “7/18 G on the back” and the check was deposited in the H’s account.

The address in the copy of the register of Defendant B is as Gangnam-gu I and 2 (G) of Seoul.

E. On January 2014, E transferred the instant claim based on the instant confirmation to the Plaintiff, and at that time completed the notification of the said assignment to the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5, and 7 evidence, purport of the whole pleadings

2. The plaintiff asserted by the parties that the defendant Eul did not return KRW 33,00,000 out of the lease deposit, and the defendant Eul agreed to pay the check after the inquiry. Since the check in this case was confirmed to have been delivered to the defendants, the defendants shall return KRW 33,00,000 to the plaintiff or E, and the defendants in this case shall be the defendants in this case.

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