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(영문) 대전지방법원 서산지원 2018.05.29 2018가단444
전세금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 40,000,000 per annum and 15% per annum from January 30, 2018 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into a lease agreement with C and the Defendant, with the Defendant’s permission, stating that the size of the first floor 25 square meters of the building not registered on the second floor of the D ground C-Slve shelf (hereinafter “instant housing”) was set at KRW 40 million as the lease deposit and the contract term of two years (hereinafter “instant lease agreement”). The Plaintiff paid KRW 40 million as the above lease deposit.

Since the lease contract of this case terminated due to the expiration of the term, the defendant is obligated to pay the lease deposit amount of KRW 40 million to the plaintiff.

B. The defendant's assertion C merely entered into a lease agreement with the defendant's seal, and the plaintiff did not permit C to enter into a lease agreement with the defendant's name.

2. Comprehensively taking account of the written evidence No. 1, No. 1, No. 1, and No. 3, and No. 5 (including various numbers), and the purport of the entire pleadings, the Defendant’s wife, on May 3, 2013, entered into a lease agreement with the Defendant on a deposit of KRW 40 million for the first floor and KRW 25 million for the term of two years; the Defendant affixed the Defendant’s seal on the said lease agreement; the Plaintiff transferred KRW 15 million to E’s account on March 26, 2013; the Plaintiff was located on his own account from May 8, 2013 to KRW 26 million; the Plaintiff did not enter into the instant lease agreement with the Defendant on May 1, 2017; and the Defendant did not appear to have resided on the first floor of this case for a period of 4 years or more from the time when the Plaintiff entered into the instant lease agreement; and the Plaintiff did not appear to have resided on the first floor of this case on the first floor after entering into the instant lease agreement.

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