(영문) 창원지방법원마산지원 2014.09.03 2014가단2955

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(영문) 창원지방법원마산지원 2014.09.03 2014가단2955

임대차보증금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 10, 2012, a lease contract (hereinafter “instant lease contract”) was concluded on May 10, 2012 with respect to a prefabricated-gun building of 165 square meters of a prefabricated-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant owned (hereinafter “instant building”). The instant lease contract contains no dispute between the lessor and the lessee as the Defendant, or is recognized in accordance with the purport of the entire pleadings and entry of evidence No. 1 and all pleadings.

2. Determination as to the cause of claim

A. The Plaintiff’s assertion D concluded the instant lease agreement on behalf of the Plaintiff with the Defendant on behalf of the Plaintiff, and thus, the lessee of the instant lease agreement is the Plaintiff, and the Defendant is obligated to return the lease deposit amount of KRW 30 million to the Plaintiff on account of the termination of the instant lease agreement. If the Defendant’s obligation to return the lease deposit against the Plaintiff is not recognized, the Defendant is obligated to compensate the Plaintiff for the damages incurred to the Plaintiff by changing the lease deposit to E without any contact with the Plaintiff.

B. The Defendant asserted that D was the lessee and entered into the instant lease agreement. However, according to D’s request, only the lessee entered into the instant lease agreement as the Plaintiff.

C. As to who is a party to a contract in cases where an actor who enters into a judgment contract did a juristic act in the name of another person, in which case the actor and the other party agree with each other, either the actor or the nominal person shall be determined as the party to the contract according to the same intent. If the actor and the other party fail to agree with each other, the other party shall be determined as the party to the contract based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the

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