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(영문) 대구지방법원 2020.09.09 2019나324457
임대차보증금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The fact-finding and decision of the first instance court are justified even if the evidence submitted to the first instance court for the acceptance of the judgment of the first instance is based on the evidence submitted to this court.

Therefore, the reasoning for this Court regarding this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as set forth in the following paragraph (2). Therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420

2.No. 18 of the judgment of the court of first instance shall be applied to a part in which she has dried or added as follows:

2. The following shall be added to the fourth 10th 10th 10th 1 of the Decision on the Claim for Return of Deposit for Lease:

3. Determination as to the claim for damages

A. The Plaintiff asserts that, even with the knowledge that the former lessee D transferred the claim for the refund of the lease deposit of this case to F, when the Plaintiff was faced with a crisis of double repayment of the lease deposit of this case due to the Plaintiff’s consent or negligence to pay the lease deposit of this case to D in the process of acquiring the lease contract of this case, the Plaintiff caused the Plaintiff to incur damages equivalent to KRW 31,66,702 by arbitrarily supplementing other matters by inducing the Plaintiff to prepare the account to receive the entire lease deposit of this case in the document No. 2 (a statement of settlement; hereinafter “the statement of settlement of this case”) in the state of the completion of the contract of this case by deceiving the Plaintiff and allowing the Plaintiff to receive the entire lease deposit of this case.

However, there is no evidence to prove that the Defendant voluntarily supplemented the content of the instant settlement statement due to the circumstance as alleged by the Plaintiff, and rather, the entire pleadings are made in the document form, content, and evidence No. 5 (fact-finding confirmation) of the instant settlement statement.

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