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(영문) 서울중앙지방법원 2017.12.21 2017가단5050436
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. The facts below the basis facts do not conflict between the parties or may be acknowledged by Gap, either by reference to the statements in sub-paragraphs 1 to 6 (including branch numbers), A, and Eul by reference to the whole purport of the pleadings.

On July 11, 2015, the Defendant and the Intervenor’s Intervenor (hereinafter “Supplementary Intervenor”) drafted a real estate lease agreement (a certificate No. 2; hereinafter “instant lease agreement”) with the content that the Intervenor leases real estate (hereinafter “instant real estate”) recorded in the separate list from the Defendant from the Defendant during the lease deposit period of KRW 2.5 million and the lease period of KRW 2,50,000 from August 22, 2015 to August 21, 2017.

B. On August 6, 2015, the Intervenor applied for a loan of KRW 200 million to the Plaintiff based on the instant lease agreement.

On August 17, 2015, the Plaintiff entered into a pledge agreement on the claim for refund of lease deposit under the instant lease agreement with the supplementary intervenor.

C. After that, the Plaintiff decided to lend KRW 200 million to the supplementary intervenor (hereinafter “instant loan”), and transferred the instant loan to the corporate bank account in the name of the Defendant (hereinafter “Defendant Account”) on August 21, 2015.

2. The summary of the Plaintiff and the Intervenor (hereinafter collectively referred to as the “Plaintiff, etc.”)’s assertion is liable to pay the Plaintiff the instant loan or the amount equivalent thereto for the following reasons.

Although the instant lease agreement was concluded between the Intervenor and the Defendant claiming refund of the lease deposit, the Intervenor was unable to move into the instant real estate due to the disturbance of the Defendant.

In addition, the supplementary intervenor filed a move-in report with the instant real estate, but the supplementary intervenor filed a move-in report on February 24, 2016 upon the defendant's application for cancellation of resident registration.

Therefore, the instant lease agreement between the Intervenor and the Defendant was concluded on February 24, 2016.

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