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(영문) 창원지방법원 통영지원 2018.07.05 2018가단21639

보증금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 34,50,000 and interest rate of KRW 15% per annum from April 4, 2018 to the date of complete payment.

Reasons

Basic Facts

On April 23, 2015, the Plaintiff: (a) as a broker of Licensed Real Estate Agent D operating a real estate brokerage business with the trade name “C”, set the lease deposit amount of KRW 115,000,000 among the multi-family houses with the fourth-story land owned by E (hereinafter “instant house”); (b) the lease deposit was leased from May 8, 2015 to May 7, 2017 (hereinafter “instant lease contract”); and (c) around that time, the Plaintiff paid the lease deposit to E.

D A. On March 16, 2015, the Defendant entered into an insurance contract (hereinafter “instant insurance contract”) between the Defendant and the Defendant, which covers the Defendant’s liability for damages incurred to the parties to the transaction in connection with the brokerage activities by determining the insurance amount of KRW 100,000,000 as the insurance amount, and the insurance period from March 16, 2015 to March 17, 2016.

Before entering into the instant lease agreement, each of the maximum debt amounts of KRW 299,00,000,000, and KRW 72,000,000, which are the right to collateral security (the aggregate of the maximum debt amounts of the two rights to collateral security) had already been set up prior to the conclusion of the instant lease agreement.

On the other hand, with respect to the instant house, I (70,00,000 won for lease deposit, the fixed date on June 25, 2014), J (50,00,000 won for lease deposit, the fixed date on June 3, 2014), K (80,000 won for lease deposit, the fixed date on May 30, 2014), L (30,000,000 for lease deposit, and the fixed date on April 1, 2014), M (62,00,000 for lease deposit, the fixed date on April 22, 2015), N (80,000,000 for lease deposit, and the fixed date on April 22, 200, 2000 for lease deposit, the fixed date on April 30, 200,000 for lease deposit, and the fixed date on April 30, 2005, 2005.

With respect to the instant housing and the land that is the site thereof, the auction procedure was commenced in this court P. On October 25, 2017, the following dividends was made in relation to KRW 621,573,050 on the amount to be actually distributed on the date of distribution.

The dividends of creditors with dividend priority are the best dividend ratio of 1 JJ.