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(영문) 부산지방법원 2020.11.26 2019가단330849
구상금
Text

1. Defendant B’s KRW 110,000,000 as well as 5% per annum from September 21, 2019 to November 26, 2020, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. D is an employee of the Intervenor joining the Plaintiff (hereinafter “ Intervenor”).

D On July 13, 2015, the Intervenor and D agreed from Defendant B, as a joint lessee, that the deposit amount of KRW 115,000,000 (the Intervenor bears KRW 100,000,000 among them, the remainder shall be borne by D), and from July 31, 2015 to July 31, 2017, the lease was made between July 31, 2015, and “Defendant B shall notify the Intervenor of any change in rights on the leased object, and in such cases, the Intervenor may cancel the contract.”

D has been residing in the above apartment.

B. On July 24, 2017, the Intervenor and D entered into a contract with Defendant B to reduce the deposit amount to KRW 110,000,000 with respect to the above apartment complex and to extend the lease period to July 31, 2019, and agreed to comply with the terms and conditions of the existing lease agreement regarding other matters. The Defendant B returned KRW 5,00,000,000 from the reduced deposit amount.

Defendant B asserted that the Intervenor is not a lessee who is a party to the contract of July 24, 2017. However, in full view of the fact that the contract of July 24, 2017 as of July 24, 2017 was concluded by D, like the contract of July 13, 2015, with the exception of the signing of the contract of July 13, 2015, with the exception of the signing of the contract of July 13, 2015 by submitting the contract to the Intervenor and obtaining the seal of the Intervenor, the parties concerned to the contract and the intervenor are included in the contract, and the contents of the existing lease contract are included in the contract, and the intervenor is also deemed a lessee who is the party to the contract of July 24, 2017. In full view of the fact that the above apartment is a company house, most of the Intervenor bears the deposit, and the other party to the notification is the party to the contract.

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