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(영문) 대전지방법원천안지원 2019.10.30 2019가단105739
임대차보증금
Text

1. The Defendants jointly pay KRW 85 million to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Determination as to the claim against the defendant B

A. 1) In determining the cause of the claim, Defendant B: (a) purchased the building No. D (hereinafter “instant building”); and (b) on May 11, 201, 2017, Defendant C (hereinafter “Defendant C”) delegated all matters related to the lease of the instant building to the Defendant C Co., Ltd. (hereinafter “Defendant C”) regarding the instant building, including duties related to the lease of the instant building; (c) the payment of rent for the guarantee period; (d) the receipt and management of rent for the lease guarantee period; (e) the lessee’s physical color and the management of the lease agreement.

Defendant B acquired the ownership of the instant building on June 28, 2017.

B) On October 21, 2017, the Plaintiff agreed to lease the instant building from Defendant C with the terms that the Plaintiff agreed to lease the instant building from Defendant C during the period from November 11, 2017 to November 10, 2019 (hereinafter “instant lease agreement”).

(C) The Plaintiff concluded the instant lease agreement as stipulated in the instant lease agreement and received the delivery of the instant building upon the transfer of deposit amount of KRW 85 million to the Defendant C’s account. As of the end of the instant lease agreement, the instant lease agreement was terminated (based on recognition). In view of the fact that there was no dispute, the Plaintiff concluded the instant lease agreement with the Defendant C, who was delegated all matters related to the lease of the instant building from Defendant B and was entitled to represent the Defendant B, and thus, the instant lease agreement was effective. Since the said agreement was terminated, the Defendant B was obligated to return deposit amount of KRW 85 million to the Plaintiff.

B. As to Defendant B’s assertion 1, the agreement was concluded to exempt Defendant B from the obligation to return the deposit under the instant lease agreement, and the Defendant B has no liability to return the deposit. (2) According to the evidence No. 2 of the judgment, the instant case is examined.

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