(영문) 서울중앙지방법원 2018.08.24 2018나28708

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(영문) 서울중앙지방법원 2018.08.24 2018나28708

약정금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

A. On September 15, 201, the Defendant concluded a lease agreement between the Plaintiff and Jongno-gu Seoul Metropolitan Government Housing Development Co., Ltd. (hereinafter “the instant housing”) with a lessor’s agent as to the lease deposit amounting to KRW 60 million from September 30, 2011 to September 29, 2013 and the lease deposit amounting to KRW 60 million.

B. On October 2015, the Plaintiff continued to reside in the instant house, and left the said house out of the housing around October 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that on December 26, 2013, which was three months after the expiration date of the above lease contract, the defendant made and delivered a lease contract with the defendant as a lessor to the plaintiff on December 26, 2013, and the defendant himself is liable for the return of the lease deposit amount of KRW 60 million to the plaintiff. The defendant asserts that he is liable to pay KRW 60 million to the plaintiff in accordance with the above agreement.

The defendant asserts that the lease contract of the plaintiff's assertion is necessary for the issuance of a visa that the plaintiff, a Korean national in China, could stay in Korea, and it does not mean that he will directly return the lease deposit as an individual's status.

3. Determination

A. According to Gap evidence No. 2, the plaintiff and the defendant, on December 26, 2013, stated that the term of lease regarding the housing of this case from December 26, 2013 to December 25, 2014, the lease deposit amount of KRW 60,000,000,000,000,000,000,000 in the lessor column, the defendant's name and the lessee's name are written in the lessee column (hereinafter "the lease contract of this case"). The special terms of the above lease agreement include that "the lease contract of this case shall be entered into by proxy by attaching BC's power on behalf of the lessor."

B. The above facts of recognition, and the above facts.

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