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(영문) 서울중앙지방법원 2015.10.28 2014가단158242

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Seocho-gu Seoul Seocho-gu Seoul (hereinafter “instant building”), and the Plaintiff’s wife delegated D with the management agency, including the lease of the instant building, on behalf of the Plaintiff around March 1996.

(hereinafter referred to as “instant agency contract”). (b)

D A. On January 19, 2012, during the course of operating the G Brokerage Office located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant office”) under the name of a licensed real estate agent E (hereinafter “instant office”), the Plaintiff’s agent C and H mediated a lease agreement on subparagraph 102 of the instant building between C and H. On January 19, 2012. C and H concluded a contract by setting the lease period as KRW 80 million from February 10, 2012 to January 19, 2014; ② deposit deposit amount as KRW 80,000 without monthly rent; ③ management expenses as KRW 50,000 per month.

(hereinafter “instant lease agreement”). C.

In the column of the instant lease contract broker, the letter "(State) J, the representative of the State-owned Corporation," is written in the same letter, and the official seal of the said corporation is affixed thereto.

On March 21, 2012, I Real Estate Brokerage Co., Ltd. (hereinafter referred to as “Nonindicted Company”) entered into a mutual aid agreement with the Defendant, setting the amount of deduction as KRW 200 million from March 21, 2012 to March 20, 2013.

(hereinafter referred to as “instant mutual aid contract”). (e)

D On August 14, 2012, 2012, H made a false statement to the effect that “H would return KRW 20,000,000,000 of the instant lease deposit to H as it requires money.” H made a false statement to the effect that “H would lend the bank account as it is difficult to make a transaction to its own bank account,” and H transferred KRW 20,000 (hereinafter “the instant money”) to a corporate bank account under the name of H, and H transferred the said money to H. At the time, H was entirely aware of the fact that C, a remitter, was the lessor’s wife.

F. D himself. This case’s money.