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(영문) 대전고등법원 2015.11.25 2015나10637
보증금반환
Text

1. The plaintiff's appeal against the defendants and the defendant B's appeal are all dismissed.

2.The primary features added from the trial.

Reasons

1. Judgment on the main claim (the lease deposit and the damages for delay)

A. (1) On February 20, 2012, the Plaintiff entered into a lease agreement between Defendant B and Defendant C on February 20, 2012, between the Plaintiff and the Plaintiff, who acting for Defendant B, with the amount of KRW 600 million for the lease deposit, KRW 10 million for the vehicle, KRW 50 million for the vehicle, and the value-added tax from March 6, 2012 to March 5, 2014 (hereinafter “instant lease agreement”). On that day, the Plaintiff paid KRW 60 million for the down payment to Defendant C on that day.

(B) On March 6, 2012, the Plaintiff paid the remainder amount of KRW 540 million under the instant lease agreement to the Defendant C in return for the reduction of the monthly rent at KRW 500,000,000,000,000,000,000,000,000,0000,000,000 won.

(3) On August 14, 2013, during the instant lease agreement period, Defendant B sold the instant telecom and its site to E (sale on condition that he succeeds to the position of the telecom and its site as a lessor under the instant lease agreement) and on January 7, 2014, Defendant B completed the registration of transfer of ownership in the instant telecom and its site under the name of E.

(4) On the other hand, on December 13, 2013, the Plaintiff sent to Defendant B a content-certified mail that contains the following content: (i) the Plaintiff, only until March 5, 2014 when the term of the original agreement expires, intends to terminate the instant agreement (i.e., the content that the Plaintiff had no intent to renew the instant agreement), and reached Defendant B around that time.

(5) thereafter;

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