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(영문) 청주지방법원 2017.03.16 2016가단106766
채무부존재확인
Text

1. On April 27, 2015 between the Plaintiff (Counterclaim Defendant) and C, Plaintiff (Counterclaim Defendant) based on a commercial building lease agreement between the Plaintiff (Counterclaim Defendant) and C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 30, 201, C: (a) a person who employed a doctor and operated a office-general hospital; (b) leased a building Nos. 201 and 202 of the Yeonsu-gu Incheon (hereinafter “instant leased building”) from the Plaintiff to KRW 100,000,000,000 for the lease deposit; (c) from April 30, 201 to April 30, 2013; and (d) a lessee’s name, who is a doctor, was entered in the lessee’s column.

B. On March 15, 2015, E employed F again, a doctor, on or around April 4, 2015, and entered into a lease agreement between the Plaintiff and the Plaintiff on April 15, 2015 with respect to the instant leased building, with the name of F, who is the intention of the lessee, while entering into the lease agreement between the Plaintiff and the Plaintiff on April 15, 2015. However, the lease deposit, upon agreement with the Plaintiff, was to be used as the lease deposit under the said lease agreement without returning the money already paid under the said paragraph.

C. C entered into a business agreement with F on April 22, 2015, and agreed to return the amount of KRW 100 million, as a security deposit, to F if the said agreement is terminated.

However, the method of return was agreed by both parties that C would return the lease deposit paid to the Plaintiff in the name of E after the vehicle.

Accordingly, on April 27, 2015, C drafted a new lease agreement on the leased building of this case with the Plaintiff, and unlike the above B, C entered the lease agreement in the lessee column as well as the name of C, and entered in the column of special agreement in the column of special agreement. In addition, C entered in the column of special agreement that “The contract with C is the contract with C, F is the personal information for the establishment of the business, and the deposit amount of KRW 100 million is to be returned to C account New Bank G.”

However, C has received the down payment of KRW 10 million from F from the above lease deposit to the Plaintiff, and the Plaintiff shall return the down payment after the termination of the lease.

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