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(영문) 대구지방법원 2020.06.11 2019나315408
임대차보증금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following determination as to F’s assertion of power of representation added by the plaintiff in this court: thus, it is acceptable to accept it as it is by the main

2. Judgment on the plaintiff's assertion

A. Even after the divorce, the Plaintiff’s assertion F had attempted to perform the work of preparing a contract and a book after receiving monthly wage at the place of business of Defendant C, and the preparation of the instant lease contract was also delegated by Defendant CF.

Therefore, since the lease contract of this case was concluded between F on behalf of the Plaintiff and C, which is the actual owner of the instant house, and the contracting party becomes effective, Defendant C is obligated to refund KRW 5,000,000 to the Plaintiff upon the termination of the lease contract of this case.

B. The written evidence Nos. 1, 4, and 12 (including paper numbers) alone is insufficient to acknowledge that F obtained the power of representation for the conclusion of the instant lease contract from Defendant C, and there is no other evidence to acknowledge this. Thus, the Plaintiff’s above assertion cannot be accepted.

3. The plaintiff's claim against the defendants is without merit, and all of them shall be dismissed. The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is without merit, and it is dismissed in its entirety. It is so decided as per Disposition.

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