logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.11.03 2015가단6746
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the purport of the evidence No. 1 and the entire pleadings, the Plaintiff is recognized as having received a claim attachment and assignment order (hereinafter “instant assignment order”) from a notary public against Nonparty C on May 19, 2014 on the basis of the No. 263 of the notarial deed No. 2013, No. 2013, May 19, 2014, with respect to the claim for return of the lease deposit against the Defendant by a notary public against Nonparty C.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) between C and C on February 17, 2014, the Defendant owned by the Defendant, Namyang-si, 211 Dong 1104 (hereinafter “instant real estate”).

(2) On February 17, 2014, the Defendant asserts that the Plaintiff is obligated to pay KRW 30 million to the Plaintiff, since the Plaintiff entered into a lease agreement with respect to the instant real estate and the Plaintiff was assigned with an assignment order. On the other hand, the Defendant asserted that the Defendant did not pay to the Plaintiff the entire claim based on the instant assignment order due to the Plaintiff, not Nonparty E, who entered into a lease agreement with respect to the instant real estate on February 17, 2014.

B. In general, who is a party to a contract is a matter of interpreting the intent of the party involved in the contract, and the interpretation of the expression of intent clearly establishes the objective meaning that the party has given to the act of expressing the intent. In the event that the parties have written in writing certain contract contents between the parties as a disposal document, the objective meaning that the parties have given to the act of expressing the intent should be reasonably interpreted according to the contents of the document regardless of the party's internal intent, although it is not bound by the phrase used in the document. If the objective meaning of the text in this case is clear, the existence of the expression of intent

arrow