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(영문) 서울동부지방법원 2017.05.30 2016가단111066
보증금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 5, 2001, the Plaintiff’s assertion entered into a lease agreement between the Defendant’s representative director C, Songpa-gu, Seoul, and 369 (hereinafter “instant real estate”) with the lease deposit amount of KRW 80,00,000,00, and the term of lease from December 5, 2001 to December 5, 2002 (hereinafter “instant lease agreement”). On December 5, 2001, the Plaintiff paid KRW 80,000,000 to the Defendant, and the Plaintiff did not receive KRW 80,000,000 from the Defendant even after having delivered the instant real estate to the Defendant on December 5, 2002 due to the expiration of the term. The Defendant’s representative director first entered into the instant lease agreement on behalf of the Defendant.

and if so, it is not so.

Even if at the time of the instant lease agreement, C had the basic power of representation for the instant company as the Defendant’s representative, and the Plaintiff entered into the instant lease agreement with C, and received the Defendant’s corporate seal imprint certificate, intermediary wholesaler facility use agreement, and thus, there is a justifiable reason to believe that C is entitled to enter into the instant lease agreement on behalf of the Defendant.

I would like to say.

Therefore, the defendant is obligated to pay to the plaintiff the above lease deposit amount of KRW 80,000,000 and damages for delay.

2. First of all, since the defendant is disputing the authenticity of the evidence No. 1-1 (Lease Contract), it is examined as to the admissibility of evidence of the evidence of evidence No. 1-1 (Lease Contract).

Since documentary evidence is a method of proving the facts requiring proof by using the author's intent expressed in the document as evidence, it should be revealed that the document was prepared on the basis of the will of the person asserted as the author by the party to the evidence, and only after the formal admissibility of evidence is recognized, it is substantial about how the author's intent is useful as evidence of facts requiring proof.

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