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(영문) 창원지방법원 진주지원 2021.01.22 2020가단36907
임대차보증금
Text

The defendant shall pay 15,00,000 won to the plaintiff. The defendant's claim by the person participating in the independent company is dismissed.

(b) Costs of lawsuit;

Reasons

Lawsuits and independent parties' interventions shall be considered together.

1. Determination as to the reversion of the lease deposit repayment claim

(a)There is no dispute as to the existence of the obligation to return the deposit to the Defendant, the lessor, upon termination of the term of the leased vehicle under the foregoing contract, between the parties without dispute;

B. On the other hand, the plaintiff and the intervenor of the independent party asserted that the deposit should be attributed to themselves during each period. According to the evidence Nos. 1 through 8, Y, the independent party intervenor entered into a lease agreement between the defendant and the defendant as to the building on July 19, 2017, the deposit amount of KRW 20,000,000, monthly rent of KRW 50,000, monthly rent of KRW 500,000, and the duration of the lease agreement between August 3, 2017 to August 2, 2019; thereafter, on April 30, 2019, the lease agreement between the parties to the above building was concluded in the name of the plaintiff and the deposit amount of KRW 15,00,000,000, KRW 00, KRW 300,000, KRW 205, KRW 300,000, May 23, 2015.

However, according to the evidence evidence evidence evidence Nos. 1 through 4, the independent party intervenor was living together with the plaintiff from around August 2018, and the plaintiff was assaulted by the plaintiff on February 25, 2019 and inflicted an injury on the body part of the plaintiff 4 weeks at the left-hand side requiring approximately four weeks of treatment, and as seen earlier on April 30, 2019, it can be recognized that the tenant entered into a contract by changing the tenant's name to the plaintiff. Thus, the above assault or injury and the degree of damage suffered by the plaintiff are not less specific as a whole, and the above facts are acknowledged as a whole, i.e., the following circumstances acknowledged by considering the whole purport of each of the evidence evidence as a whole.

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