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Reasons
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(영문) 서울남부지방법원 2017.08.22 2016가단229120
손해배상(기)
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant C is the children of Defendant B.

B. On October 13, 2006, Defendant C and the Plaintiff acquired the ownership of 1/2 shares of the Guro-gu Seoul Metropolitan Government (hereinafter “instant building”) of cement block block and 27.20 square meters of the instant land-based multi-story housing (hereinafter “instant building”).

C. On November 3, 2006, the Plaintiff and Defendant C entered into a lease agreement under the name of the Plaintiff and the instant building with the lease deposit of KRW 30 million, the lease term from November 18, 2006 to November 17, 2008 (hereinafter “instant lease agreement”). Defendant B entered into the lease agreement under the name of the Plaintiff on behalf of the Plaintiff.

Defendant B received the lease deposit of KRW 30 million from E. D.

On February 29, 2012, Defendant C transferred all shares 1/2 of the instant building to F, and the Plaintiff transferred all shares 1/2 of the instant building to G on September 30, 2013.

【Ground for Recognition: Facts without dispute, Evidence No. 3-1, 2, Evidence No. 4, Evidence No. 6, and the purport of the whole pleadings】

2. The assertion and judgment

A. 1) The Plaintiff asserts that the Plaintiff received KRW 30 million under the instant lease agreement that the Defendants signed on behalf of the Plaintiff, and that the Plaintiff is obligated to pay KRW 15 million to the Plaintiff out of that amount. 2) The Defendants asserted that Defendant B paid KRW 15 million to the Plaintiff as the instant lease deposit.

B. The key issue of this case is whether Defendant B paid KRW 15 million to the Plaintiff as the title of the instant lease deposit. Thus, in light of the following circumstances, it is recognized that Defendant B paid KRW 1/2,000,000 out of KRW 30 million of the instant lease deposit, and the statement in Party B’s evidence Nos. 4, 6, and 12, which is acknowledged by comprehensively considering the overall purport of the pleadings, Defendant B paid to the Plaintiff KRW 15,00,000 out of KRW 30 million of the instant lease deposit, and the statement in Party B’s evidence No. 5 alone is followed.

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