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(영문) 대전지방법원서산지원 2015.05.22 2014가단10870
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 24, 2013, the Plaintiff entered into a lease agreement with C on the condition that 401 of the fourth floor among the buildings listed in the attached list owned by the Defendant, as indicated in the attached list owned by the Defendant, shall be KRW 15,000,000, monthly rent of KRW 100,000, and the period from September 30, 2013 to September 29, 2014, and paid KRW 15,00,000 to C the said deposit.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that C entered into the above lease agreement with the Defendant upon delegation of the right to lease under the above 401, and that since the above lease agreement was terminated, the said deposit amount of KRW 15,00,000 shall be returned to the Defendant.

As to this, the defendant did not grant C the right to lease the above 401 to C only as the lessee under the above 401, and C did not know that it had concluded the above lease contract with the plaintiff.

B. On behalf of the Defendant, there is no evidence to acknowledge that C had the authority to conclude the above 401 lease agreement on behalf of the Defendant, and instead, in full view of the purport of the entire pleadings in the testimony of the witness C, C is a fact that C was delegated by the Defendant with the authority to represent the Defendant in relation to the lease agreement under the above 401, and it is only recognized that C was entitled to receive the above 15,00,000 won as security deposit from the Plaintiff as security deposit.

[C] On April 23, 2015, the Plaintiff’s claim in this case was dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on April 23, 2015.

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