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(영문) 인천지방법원 2017.11.07 2017나3086
임차보증금반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion and determination of the parties: (a) the Plaintiff used part of the Plaintiff’s parking lot of the building in the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, which the Defendant leased from the Defendant to operate the packing car, as KRW 5 million, monthly rent of KRW 1.2 million; and (b) the Plaintiff paid KRW 5 million on March 24, 2015 to the Defendant each of the above security deposit, and KRW 4.5 million on March 30, 2015; and (c) the said sub-lease contract was terminated as it was no longer operated due to frequent control by the police, etc., the Defendant is obligated to return the said KRW 5 million paid to the Plaintiff as security deposit.

However, the evidence submitted by the Plaintiff in this case alone is insufficient to recognize that the above 5 million won, which the Plaintiff paid to the Defendant, is a deposit for sub-lease contract between the Plaintiff and the Defendant, and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s above assertion is without merit even if it does not examine the remainder

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair, and it is so revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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