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(영문) 인천지방법원 부천지원 2018.03.14 2016가단28691
임대차보증금
Text

1. Defendant C’s KRW 135,00,000 and the Plaintiff’s annual rate of KRW 5% from March 1, 2009 to July 1, 2017.

Reasons

1. Basic facts

A. On February 16, 2008, the Plaintiff entered into a lease agreement with Defendant C or Defendant C on the condition that deposit amount of KRW 140,000,000, and the period from February 16, 2008, with respect to the 1,20,000 or facilities underground in the F market of 29,00,000, and the 12-month facilities (hereinafter “the instant lease agreement”).

B. On February 16, 2008, the Plaintiff remitted KRW 10,000,00 to the Defendant C’s account. On February 25, 2008, the Plaintiff paid KRW 130,000,000 to the Defendant C. However, on April 17, 2009, the Plaintiff received a refund of KRW 5,00,000 from the Defendant C out of the said deposit after the said lease term expires, and did not receive a refund of KRW 135,00,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings

2. Claim against the defendant B

A. 1) The Plaintiff asserts that the Plaintiff is obligated to return KRW 5,00,000 out of the lease deposit, while Defendant B, as a lessor, delegated the authority to conclude the instant lease agreement to Defendant D or Defendant C comprehensively, the instant lease agreement is valid. Accordingly, Defendant B, as a lessor, requested the Plaintiff to return the total amount of KRW 140,000,000 out of the lease deposit. The Plaintiff asserts that the Plaintiff is obligated to return the lease deposit. (2) The evidence Nos. 4, 5, 2, and 3 cannot be used as evidence for the lack of evidence to acknowledge the authenticity, and there is insufficient evidence to acknowledge that the Plaintiff delegated the authority to conclude the instant lease agreement to Defendant B or Defendant C, and there is no reason to acknowledge otherwise.

B. 1 The Plaintiff asserted as an expression agent as to the part of other facilities or services among the instant friendship or facilities to Defendant D or Defendant C.

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