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(영문) 서울북부지방법원 2016.07.06 2014가단41565
임대차보증금
Text

1. The Defendants: (a) from July 1, 2013 to September 25, 2014, with respect to KRW 30,000,00 to the Plaintiff; and (b) as to Defendant B.

Reasons

1. Facts of recognition;

A. On December 31, 2012, the Plaintiff asserted that the Defendants did not enter into the instant lease agreement with the Plaintiff. However, Defendant C’s legal representative acknowledged that the stamp image affixed to “A” side of the instant lease agreement (Evidence A 1) was based on the Defendant C’s seal on the first date for pleading, and that the stamp image affixed to “B” side of the instant lease agreement was based on the Defendant B’s seal in full view of the entire purport of pleading and the witness E’s testimony. As such, the authenticity of the instant lease agreement is presumed to have been established, and it is reasonable to deem that the instant lease agreement was duly concluded with the Plaintiff on the basis of the Defendants’ genuine intent or delegation, and there is insufficient evidence to reverse it.

The term of lease was three months (til March 31, 2013) with respect to the D Building No. 401 (hereinafter “instant real estate”) of Dobong-gu Seoul Metropolitan Government, where registration of preservation of ownership has been made in the name of the Defendants in the name of the Defendants (hereinafter “instant lease agreement”), and the real estate lease agreement with the deposit amount of KRW 30 million was concluded (hereinafter “instant lease agreement”).

Inasmuch as the Defendants’ seal affixed on the instant receipt is identical to that affixed on the instant lease agreement, it is reasonable to deem that the instant receipt was presumed to have been authentic, and that the instant receipt was prepared and delivered to the Plaintiff based on the Defendants’ genuine intent or delegation. In short, there is insufficient evidence by the Defendants following it.

On the same day, the Plaintiff prepared and issued the above 30 million won receipt (hereinafter “instant receipt”) to the Plaintiff.

B. On January 2, 2013, the Plaintiff made a move-in report on the instant real estate, and obtained a fixed date on the instant lease contract.

C. The instant real estate is located.

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