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(영문) 의정부지방법원고양지원 2015.01.29 2014가단14460
임대차보증금 등
Text

1. Defendant B and C jointly and severally with the Plaintiff KRW 80,000,000 and Defendant B with respect thereto from November 22, 2014 to January 29, 2015.

Reasons

1. Determination as to the claim against Defendant B and D

A. 1) On January 19, 2012, the Plaintiff: (a) on January 19, 2012, from Defendant B, (b) Pakistan-si, E, 303 Dong 1101 (hereinafter “instant apartment”).

(1) A sub-lease contract is concluded between 80,000,000 won and 80,000 won, and the period of sub-lease is determined from March 2, 2012 to March 1, 2014, to be sub-leaseed (hereinafter referred to as “sub-lease contract of this case”).

(2) On April 23, 2014, the Plaintiff filed the instant lawsuit with Defendant B seeking the return of the instant sub-lease deposit, and the instant warden reached Defendant B on August 20, 2014.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

B. Determination 1) According to the above facts of recognition as to the claim against Defendant B, the instant sub-lease contract is deemed to have been served on Defendant B and terminated on November 21, 2014 by the complaint of this case, who explicitly expressed the Plaintiff’s intention to cancel the instant sub-lease contract while seeking the return of the instant sub-lease deposit. As such, Defendant B is obligated to refund KRW 80,000 to the Plaintiff the sub-lease deposit. 2) The Plaintiff asserted that Defendant D’s father, as his father’s father, recommended the Plaintiff to sub-lease the instant apartment even though it is impossible to sub-lease as a public rental apartment, and thereby, the Plaintiff would be responsible for the instant sub-lease contract and return the instant sub-lease deposit to the Plaintiff. As such, Defendant B is obligated to pay damages equivalent to the amount of the sub-lease deposit or contract equivalent to the amount of the sub-lease deposit to the Plaintiff.

l.p. g., p.

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