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(영문) 인천지방법원 2020.02.11 2019나1466
전세금반환등
Text

1. The judgment of the court of first instance is modified as follows.

Defendant C shall pay 40,000,000 won to the Intervenor succeeding to the Plaintiff and this.

Reasons

1. Quotation of the first instance judgment

A. The grounds for appeal by Defendant C do not differ significantly from the allegations in the first instance court, except for the Plaintiff’s assertion that “The damages for delay on the claims to refund the lease deposit of this case shall be calculated from October 12, 2018, the following day after the date on which the Plaintiff delivered the real estate of this case.”

In light of the evidence submitted in the first instance court and the evidence presented in this court, Defendant C appears to have concluded the instant lease contract after the conclusion of the instant lease contract and subsequently ratified it during the litigation, such as divorce, etc., on the ground that it appears that Defendant C had been aware of the conclusion of the contract and confirmed it later. The fact-finding and determination by the first instance court, which accepted the Intervenor’s claim against Defendant C who was transferred the Plaintiff’s claim against the Plaintiff for the refund of the lease deposit of this case from the Plaintiff, are deemed to be justifiable except for the portion calculated differently from the initial date of the damages for delay in relation to the lease deposit return claim as described in paragraph (f)

B. Therefore, the reasoning for the instant case is identical to the reasoning of the judgment of the first instance, except for the parts used or added as follows, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. The third part of the judgment of the court of first instance referred to in the 19th part of the judgment in the judgment of the court of first instance as the "Counterclaim claim" shall be applied.

B. The fourth part of the judgment of the first instance is to delete the “Yancheon-gu J-gu 83 square meters” of the 20th part of the judgment.

C. The six-party 4 of the judgment of the court of first instance (hereinafter “acquisition”) shall be applied to “transfer”.

The 6th, 9, and 10th, of the first instance judgment, "the plaintiff shall be liable for damages arising from the tort under the Civil Act to the intervenor who has been transferred the damage claim arising from the tort under the Civil Act from the plaintiff shall be limited to "the amount of such damages.

E. As to the Intervenor’s primary claim, No. 6 of the first instance judgment No. 20. 4.

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