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(영문) 부산지방법원 2017.11.17 2017나44879
임차보증금반환
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. In the first instance trial, the Plaintiffs sought compensation for damages from the Defendants, the national sirens, and I, and sought compensation for damages from the primary tort. In addition, the first instance court dismissed the Plaintiffs’ primary and conjunctive claims.

As the plaintiffs have appealed against this, the scope of the judgment of this court is limited to the primary claim of the plaintiffs.

2. Basic facts

A. The Plaintiffs prepared a motor vehicle lease agreement (hereinafter referred to as “each of the instant lease agreements”) with the following terms in the name of the national rental car and the Defendant Eastern rental car, and remitted the lease deposit.

The remitter of the deposit deposit for the date on which the lessor entered into a contract with the lessor No. 1,30,000 won (2,300,000 won) NK 5 O 26, 200,000 won (2,300,000 won) October 28, 2014, NK 1,1,000,000 won (2,30,000 won) Defendant JLF LF La Hachil P, Defendant JJ Hadong Balton, Plaintiff 1,8 million won (3,00,000,000 won) on July 21, 2014, Defendant JF Hachil, Qdong PY 1,30,000 won (3,00,000 won) Defendant JN 1,30,000,00 won (3,000,000 won) 1,50,000 won (30,000 won)

B. The Plaintiffs were in possession of a vehicle under each of the instant lease agreements and returned the vehicle to the national siren and Defendant Eastern Marene during the period from April 2016 to May 2016, and were returned KRW 170,000,000 to Plaintiff A, Plaintiff H, and Plaintiff F, respectively.

C. On the other hand, the Deceased died on April 22, 2016, while the instant lawsuit was pending in the first instance trial, and on the other hand, the Plaintiff C/7, the deceased’s spouse, and the Plaintiff D/E, the deceased’s children, and the Plaintiff D/7 shares, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and 10.

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