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(영문) 대전지방법원천안지원 2019.10.30 2019가단107537

보증금반환

Text

1. The Defendants shall deliver the real estate stated in the separate sheet from the Plaintiff to each Plaintiff at the same time 40,000.

Reasons

1. Determination as to the claim against the defendant B

A. On February 19, 2016, the Defendant acquired the ownership of real estate listed in the separate sheet (hereinafter “instant real estate”) on February 19, 2016, and at that time delegated all matters related to the lease of the instant real estate to D Co., Ltd., a representative director of which Defendant C is the representative director, including duties related to the lease of the instant real estate, payment of rent during the lease period, deposit money and management of deposit money, lease deposit money and management, lease management, etc.

B) On June 19, 2017, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant C, who represented by Defendant C on April 22, 2018, stipulating that the Plaintiff shall deposit KRW 40,000,000, monthly rent of KRW 180,000, and the lease period from May 4, 2018 to May 3, 2019 (hereinafter “the lease agreement”). The Plaintiff entered into the name of the agent of the instant lease agreement as “D” in the name of the agent, and entered Defendant C’s personal business registration number in the agent’s business registration number column as indicated “D”. The Plaintiff transferred the deposit money to Defendant C’s account as deposit deposit in the instant lease agreement, and paid KRW 180,00,000,000,000,000,000,000,000,09,000.

F) Meanwhile, on April 30, 2018, Defendant B specified Defendant C as “D” upon which Defendant C had completed the registration as an individual entrepreneur, and specified that Defendant B delegated all matters related to the lease of the instant real estate to “D”, such as the lease of the instant real estate, the payment of rent during the lease period, the deposit money and the management thereof, the lessee’s physical color and selection, and the management of the lease contract, the Defendant B affixed the Defendant’s seal impression on the power of attorney, and issued the said power of attorney to Defendant C after attaching the certificate of personal seal impression issued by Defendant B himself.