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(영문) 서울북부지방법원 2015.07.07 2014나4635
보증금 반환
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

Reasons

1. Facts of recognition;

A. On September 21, 2012, C leased the second floor of the Eunpyeong-gu Seoul Metropolitan Government D ground building owned by the Defendant from the Defendant as the lease deposit amount of KRW 50 million, monthly rent of KRW 1.5 million, and the lease term of KRW 24 months from November 24, 2012.

(hereinafter “instant lease agreement”). B.

On the other hand, C, whose security deposit was insufficient, borrowed KRW 26 million from the Plaintiff as security, and notified the Defendant of such circumstance, and requested C, to enter the name of the Plaintiff in the lessee column of the instant lease contract. The Defendant accepted this, and the Defendant accepted it, and made the name and personal information of the Plaintiff at the bottom of the lessee column of the instant lease contract and affixed the Plaintiff’s seal thereto.

C. Accordingly, on November 29, 2012, the Plaintiff directly remitted KRW 26 million to the Defendant out of the instant lease deposit.

Since then, C did not pay rent for more than three months, and the defendant notified C of the termination of the instant lease agreement on October 25, 2013 on the ground that the overdue charge is overdue.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. As to the cause of the Plaintiff’s claim, the Plaintiff lent KRW 26 million to C as collateral for the claim for the refund of the lease deposit of this case, and the Defendant accepted C’s request with knowledge of such fact and accepted C’s request, and made the lessee’s name and personal details stated in the lessee column of the lease contract of this case and affixed the Plaintiff’s seal thereto, and directly received KRW 26 million, which is part of the lease deposit of this case from the Plaintiff.

According to the above facts, the defendant consented to lend KRW 26 million to C as security for the claim for the return of the lease deposit of this case, and the lease contract of this case is terminated.

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