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(영문) 대전지방법원공주지원 2017.10.19 2017가단20400
임대차보증금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 50,00,000 and the Defendant B with respect thereto from December 1, 2016.

Reasons

1. Basic facts

A. The Defendants are married with each other.

B. On December 30, 2013, the Plaintiff and Defendant C entered into a lease agreement (hereinafter “the lease agreement of this case”) with respect to F, 201 Dong-dong 810 (G apartment; hereinafter “instant apartment”) owned by Defendant B as a deposit for KRW 47,00,000 and its duration from January 28, 2014 to January 28, 2016 (hereinafter “the lease agreement of this case”).

However, while concluding the instant lease contract, Defendant C affixed the seal of Defendant B on the contract entered into by Defendant B as a lessor.

C. The Plaintiff paid Defendant B KRW 4,700,000 on December 30, 2013 as the deposit money for the instant lease agreement, and KRW 42,30,000 on January 24, 2014, respectively. around that time, the Plaintiff received the instant apartment from the Defendants.

On December 28, 2015, the Plaintiff and Defendant C concluded a real estate lease contract with a deposit of KRW 50,00,000, and the term from January 19, 2016 to January 19, 2017 (hereinafter “instant lease contract”). While Defendant C entered into the said lease contract, Defendant C affixed Defendant B’s seal on the contract entered into with the lessor.

E. On December 31, 2015, the Plaintiff paid KRW 3,000,00 to Defendant C the additional deposit under the said lease agreement.

F. Around June 2016, the Plaintiff, if a new tenant entered the instant apartment with Defendant C, would have to receive a deposit for lease. Around that time, the Plaintiff delivered the instant apartment to the Defendants.

G. Around November 2016, Defendant C received the deposit from the new lessee of the instant apartment on behalf of Defendant B, but the said deposit was withdrawn without paying it to the Plaintiff or Defendant B.

[Based on Recognition: Each entry and the whole purport of the arguments in Gap evidence 1 through 4 (including the number of branches) (with respect to defendant C, Article 150 (3) and (1) of the Civil Procedure Act).

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