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(영문) 서울동부지방법원 2015.07.29 2014나22262
임차보증금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant, which exceeds the money ordered to be paid below, shall be revoked.

Reasons

1. Facts of recognition;

A. On January 27, 2011, C, who uses the Plaintiff’s position as “the head of Gangseo-gu General Headquarters,” who is employed by the Plaintiff, leased from the Defendant a second floor (hereinafter “instant office”) among the 4th floor buildings on the ground of Kuju-si (D) from February 25, 2011 to February 25, 2013 (hereinafter “the instant lease”). The Plaintiff, through the Plaintiff’s account in the name of the Plaintiff, paid the Defendant the instant lease deposit amount of KRW 2.5 million on January 28, 201, the remainder of KRW 25 million on February 25, 201, and KRW 25 million on behalf of the Plaintiff. The Plaintiff used the instant office as the principal office (the Plaintiff’s inside name as “the principal office of Kuwon-gu Branch,” and the principal office as the principal office of Kuwon-gu.

B. After that, on July 20, 201, C, without reporting to the Plaintiff, prepared a lease agreement (No. 1) with the lessee as to the instant office with the Defendant and the lessee as C himself/herself, with the deposit amount of KRW 20 million, monthly rent of KRW 100,000,000, and the period from July 20, 201 to 24 months from July 20, 2011. The instant office was used as the Plaintiff’s principal office as it was, and C received KRW 10,000 from the Defendant around February 25, 2013, received KRW 10,000,000 from the Defendant, and delivered the instant office to the Defendant at that time.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 4 (including each number), the order to submit financial transaction information to the chief director of the original Saemaul Depository of the court of first instance, the results of the reply, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease of this case terminated at the expiration of the term, and the defendant delivered the office of this case, barring any special circumstance, the defendant shall pay to the plaintiff the deposit of this case 25 million won and this.

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