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(영문) 수원지방법원 2019.07.11 2018가합22032
임대차보증금
Text

1. Defendant C shall pay to the Plaintiff KRW 110,00,000 and the interest rate of KRW 15% per annum from October 9, 2018 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant C

A. Claim No. 1) The Plaintiff leased each of the instant lease contracts between the Plaintiff and the Defendant C with the deposit amount of KRW 60 million from February 14, 2016 to October 19, 2017, and KRW 50,000,000 from February 26, 2016 to February 25, 2018, respectively, to Defendant C paid the said deposit amount of KRW 110,000,000 to the end of the lease period. (2) Each of the said lease agreements between the Plaintiff and the Defendant terminated as the expiration of the lease period, and the Plaintiff delivered each of the said buildings to Defendant C.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. Determination as to the claim against the defendant B

A. On May 26, 2016, the Plaintiff’s assertion entered into a contract with Defendant B on the lease of KRW 30 million for the first floor (hereinafter “instant building”) of D-dong, E-dong, E-dong, E-dong, E-dong, and the lease term from July 20, 2016 to July 19, 2018 (hereinafter “instant lease contract”), and paid KRW 30 million for Defendant B.

Since the lease contract of this case terminated after the expiration of the term, Defendant B is obligated to pay the deposit amount of KRW 30 million and damages for delay to the Plaintiff, the lessee.

B. 1) The Plaintiff sought the return of the lease deposit against Defendant B on the premise that the lessee of the instant lease contract is the Plaintiff, and the Defendant B, not the Plaintiff, has refused the return of the Plaintiff’s deposit while asserting that H is the lessee. (2) Generally, who is the party to the instant lease contract, constitutes a matter of interpreting the intent of the party involved in the relevant contract.

The interpretation of a declaration of intention is to clearly determine the objective meaning which the parties have given to the act of indicating it, and if the content of any contract is written in writing as a disposal document, it shall be written.

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