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(영문) 전주지방법원 2020.04.22 2019나6518
보증금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by applying the main text of Article 420 of the Civil Procedure

2. The assertion and judgment

A. 1) Determination as to the claim for the return of lease deposit(1) determination as to the cause of the claim, and 2) Determination as to the Defendant’s assertion as to this part of the judgment of the court of first instance is identical to the corresponding part of the reasoning of the judgment, and thus, we accept it as it is by applying the main sentence of Article

3) As to the Defendant’s argument in the trial of the trial, the Plaintiff asserted that the former District Court rendered a reimbursement of KRW 10 million,00,000,000,000, as the conciliation was established in the case of demurrer against the distribution under the Jeonju District Court Order 2019Kadan866, the Defendant paid the KRW 10 million.

B. According to the evidence Eul evidence No. 5, G Union shall rectify the amount of KRW 14,94,62 to the plaintiff among the distribution schedule prepared on January 3, 2019 by the above court, among the distribution schedule prepared on January 3, 2019, the amount of KRW 14,249,472 to the plaintiff, and the amount of KRW 14,194,134,134 to the plaintiff among the distribution schedule prepared by the above court, as to the auction of the F Real Estate in the Jeonju District Court's Military Branch Branch of the Jeonju District Court's Branch of 2019Ra86, Jul. 25, 2019.

"As it can be recognized that mediation has been completed, the defendant who was the owner of the auction real estate shall be deemed to have repaid KRW 10 million to the plaintiff.

Therefore, the defendant's above assertion is justified.

B. The Defendant is obligated to pay the Plaintiff KRW 3,310,00,000, after deducting KRW 10,000 of the unpaid lease deposit from KRW 13,310,000.

3. Thus, the plaintiff's claim shall be accepted within the scope of the above recognition and the remaining claims shall be dismissed as without merit. Since the part against the defendant who ordered payment exceeding the above recognition amount among the judgment of the court of first instance that partially different conclusions is unfair, the cancellation part shall be revoked.

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