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(영문) 서울중앙지방법원 2018.07.18 2018나11588
기타(금전)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the Defendant, on April 19, 2016, leased the “Seoul Seongdong-gu D and 10 lots E-building No. 208 on the ground,” with the lease deposit of KRW 30,000,000, monthly rent of KRW 1,500,000 (excluding value-added tax), and the lease term of KRW 1,50,000 (excluding value-added tax) from May 13, 2016 to May 13, 2017 (hereinafter “the lease of this case”) by the Plaintiff (agent C), is not in dispute between the parties, or can be recognized in full view of the purport of the entire pleadings as stated in the evidence No. 1.

2. The parties' assertion and judgment

A. The gist of the parties’ assertion (i) The Defendant did not pay to the Plaintiff the sum of KRW 11,100,000,000 for the rent from December 2, 2016 to July 25, 2017 under the instant lease agreement.

On the other hand, while the defendant deposited money in the first instance court's account, which is the plaintiff's agent, into the bank account, but it is not a valid repayment since it was not a deposit in the plaintiff's bank account (F) designated by the plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 11,100,000 won and damages for delay.

Shebly, the Defendant, upon the Plaintiff’s agent’s request on August 14, 2017, remitted KRW 11,100,000 to the account of the financial institution C, and the Defendant does not have any further payment to the Plaintiff. Even if the Plaintiff was not authorized to act on behalf of the Plaintiff, Article 126 of the Civil Act is established, since the expressive representation under Article 126 of the Civil Act is established, there is no change in the effect of the Defendant’s repayment to the Plaintiff via C.

B. (i) The fact that the Defendant did not pay the Plaintiff the sum of KRW 11,100,000 out of the rent under the instant lease agreement between December 12, 2016 and July 25, 2017, until August 13, 2017, is not a dispute between the parties. According to the above fact-finding, the Defendant is liable to pay the Plaintiff the unpaid rent of KRW 11,100,000 and delay damages, barring any special circumstances.

Dor. The defendant's argument.

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