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(영문) 인천지방법원 2020.02.05 2019나58509
보증금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Around February 2016, C Kimpo-si Branch, an incorporated association, entered into a lease agreement between the Defendant and the Defendant with respect to the lease deposit amounting to KRW 10 million and KRW 300,000,000,000,000,000,000 monthly, around February 2, 2016.

(hereinafter “instant lease agreement”). B.

The defendant was elected as the head of the branch office of Kimpo-si on April 2016, and the C-do Branch of Gyeonggi-do, an incorporated association, decided to revoke the approval of executive officers on March 17, 2017, and decided to punish the suspension of member qualification on April 17, 2017.

C. By the above resolution, as the defendant was unable to perform his duties as the head of the branch, E became an acting person of the Kim Jong-si branch.

Some of the members of the Kimpo-si branch applied for permission to establish the corporation on September 26, 2017 with the name of its representative E, and the name of its corporation A Association.

[Ground of recognition] Facts without dispute, Gap evidence 10, 18, Eul evidence 1-1, the purport of the whole pleadings

2. The plaintiff's assertion

A. On July 10, 2017, the Chapter 1 Chapter Kimpo-si branch was dissolved by a resolution of an extraordinary general meeting held on July 10, 2017 (hereinafter “instant extraordinary general meeting”). The Plaintiff received the residual property of the Kimpo-si branch.

On June 2018, the Plaintiff agreed with the Defendant to receive a refund of the lease deposit, and delivered the instant office to the Defendant on February 14, 2018.

Therefore, the defendant is obligated to pay to the plaintiff the lease deposit of KRW 10 million and delay damages.

B. On July 10, 2017, the Plaintiff entered into a lease agreement with the Defendant on KRW 50 million (on July 10, 2017, KRW 10 million (on July 10, 201, KRW 10 million) and on July 10, 2017, the term of lease was 36 months from July 10, 2017. The Plaintiff and the Defendant agreed to terminate the said lease agreement and agreed to refund the deposit by June 2018.

Therefore, the defendant is against the plaintiff.

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