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(영문) 서울남부지방법원 2019.08.23 2018나63196
매매대금등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. Defendant (Counterclaim Plaintiff).

Reasons

1. The grounds for this part of the judgment of the court are stated in the reasoning of the judgment of the court of first instance.

(Article 420 of the Civil Procedure Act). 2. The reasoning of this part is as follows: (a) The court’s judgment on the Plaintiff’s principal claim is based on Paragraph (2) of the first instance judgment, except where the Defendant agreed to return the lease deposit of KRW 20 million, “In spite of the Defendant’s promise to return the lease deposit of KRW 20 million, the court shall bear the obligation of returning the lease deposit of KRW 6 of the fourth judgment of the first instance.”

(main sentence of Article 420 of the Civil Procedure Act). 3. Judgment on the defendant's counterclaim

A. The Defendant’s cause of claim 1) Since E, a lessee of the instant real estate due to nonperformance, refused to succeed to the lease and did not transfer the obligation to return the lease deposit amount of KRW 20,000,000 to E to the Defendant, the Plaintiff still had the obligation to pay KRW 20,000 to E. The Plaintiff and E, as well as the Plaintiff, had the obligation to pay KRW 30,000,000 to the Defendant for the security of KRW 30,000,000, the lease deposit amount of KRW 50,000 ( KRW 20,000,000,000, KRW 30,000,000, KRW 300,000, 300,000, 300, 300,000, 300, 500, 200, 300, 300, 200, 300, 300, 2000.

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