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Reasons
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(영문) 부산지방법원 2015.06.19 2014나46966
임대차보증금반환 청구의 소
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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On March 1, 2012, the Plaintiff, as the Plaintiff’s employee, entered into a lease agreement with D, the Defendant’s agent, and with respect to the third floor Nos. 306 (hereinafter “instant building”) on a parcel of land 1,00,000 won, monthly rent of KRW 650,000,000, monthly rent of KRW 650,000, and from March 1, 2012 to February 1, 2013 (hereinafter “instant lease agreement”).

B. On March 2, 2012, the day following the lease contract date, the Plaintiff paid 1 million won of the down payment and 9 million won of the remainder deposit, respectively.

C. On March 24, 2013, G, an employee of the Plaintiff, left the instant building on April 1, 2013, and the Defendant leased the instant building to I on May 23, 2013.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, 5, 9, Eul evidence 3, 6 through 8, 18, and the purport of the whole pleadings

2. Confirmation of parties to a contract;

A. The Defendant’s assertion is that the lessee of the instant lease agreement is not C, and thus, the Plaintiff is not obligated to refund the lease deposit to the Plaintiff.

B. As to who is a party to a contract in cases where an actor who enters into a contract of legal doctrine acts in the name of another person, is deemed a party to the contract, first of all, when the actor and the other party agree with each other, the offender or the nominal person shall be determined as the party to the contract. If the other party does not coincide with the intent of the actor and the other party, based on the specific circumstances before and after the conclusion of the contract, including the nature, content, purpose, and circumstance of the contract, the other party shall be determined by how the actor and the nominal person

(See Supreme Court Decision 2003Da44059 delivered on December 12, 2003, see Supreme Court Decision 2003Da44059 delivered on December 12, 200).

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