(영문) 부산지방법원 2019.01.25 2018나51553

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(영문) 부산지방법원 2019.01.25 2018나51553

보증금반환 등

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1. The judgment of the court of first instance is modified following the amendment of the claim in the trial. A.

The defendant shall make the plaintiff 20,000.

Reasons

1. The grounds for this part of the facts of recognition are as follows: (a) the witness F’s testimony is the witness F’s testimony; (b) the appraiser H’s written appraisal result is the result of the written appraisal by the appraiser H; and (c) the witness D’s testimony is the same as the corresponding part of the reasoning of the judgment of the first instance, except where the witness D’s testimony is deemed to be “the witness D’s testimony” as “the witness of the first instance court; and (d) such testimony is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Judgment on the main claim

A. The written confirmation of the instant payment, which is the cause of the Plaintiff’s claim, states that “The lessee (the Defendant) entered into a lease agreement with the lessee (D) on KRW 60,000,000 for the instant building; and that “if the lessee fails to repay the borrowed amount from the Plaintiff (Plaintiff) on August 26, 2015, the lessor himself/herself shall pay out of the lease deposit.”

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 20,000,000 with the agreed amount and the delay damages for the lease deposit, when confirming that the lease deposit is KRW 60,000,000,000.

B. Determination 1: (a) on August 26, 2015, the Defendant entered into a lease agreement with a certified judicial scrivener F, who was delegated with the authority by the Plaintiff on August 26, 2015, with the lessee (D) at KRW 60,00,000; and (b) on August 26, 2015, if the lessee fails to repay the borrowed amount, the lessor himself/herself shall pay the leased amount out of the lease deposit; and (c) the lessee shall not be unilaterally paid the lease deposit, such as the termination of the lease agreement, the alteration of the lease deposit, and the voluntary payment of the lease deposit, etc. to the lessee during the lease period without the consent of the lessee.

참조조문

-민사소송법 제420조

유사 판례

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