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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
Reasons
1. In the first instance court, the Plaintiff filed a claim for payment of KRW 31,372,021 of the deposit claim against the Defendant bank, which was transferred by the Korea Institute of Human Resources Development (Public Video University), and KRW 31,372,021 of the deposit claim against the Defendant bank, which was transferred by the Korea Institute of Human Resources Development (Public Video University), and the first instance court dismissed all the Plaintiff’s claim.
Therefore, the plaintiff did not appeal the above part of the deposit claim, but appealed only to the above part of the deposit claim. Thus, the subject of adjudication by this court is limited to the above part of the claim for payment
2. Facts of recognition;
A. Around July 2004, he/she entered into a lease agreement with the Korea Institute of Multimediaual Information, which is a school foundation (the name of the school prior to the change: the public image information university; hereinafter “public image information university”) to lease the 125 households of Geumsan apartment located in Geum-ri 268-1 for the dormitory of the public image university (hereinafter “instant lease agreement”).
After that, the instant lease agreement was extended by re-contracts with a period of one to two years. On February 1, 2011, the instant lease agreement was concluded for two years from February 1, 2011 to January 31, 201, with a rental deposit of 62,50,000 won, monthly rent of 21,056,250 won, and the period of 2 years from February 1, 201 to January 31, 2013.
B. On July 13, 2004, in order to secure the claim for refund of rental deposit at the time of termination of the instant lease agreement, the Youngwon Housing and the Korea Public Video University opened a deposit account (Account Number: 746701-01-38749, deposit owner: one other than Youngwon Housing and one deposit type: general deposit; hereinafter “instant deposit account”) with the Defendant Bank. On July 14, 2004, the balance of the instant deposit account as a result of additional deposit of rental deposit increased by 9.6 million won at the time of the renewal of the instant lease agreement, by the Korea Public Video University.