beta
(영문) 창원지방법원 진주지원 2017.01.12 2016가단34621

임대차보증금

Text

1. The Plaintiff:

A. Defendant B is calculated at the rate of 15% per annum from November 16, 2016 to the date of complete payment.

Reasons

Basic Facts

On March 6, 2014, the Plaintiff entered into a contract with E to lease 201 units of deposit 90,000,000 and the lease period from March 12, 2014 to March 11, 2016 (hereinafter “the lease contract of this case”).

Defendant C mediated the instant lease agreement as a licensed real estate agent operating the F Licensed Real Estate Agent Office, and Defendant C served as an intermediary at the said brokerage office as an assistant to Defendant C, while assisting in such brokerage at the time of the said lease agreement.

The Plaintiff obtained a fixed date as to the instant multi-family house 201 on March 13, 2014.

At the time of the Plaintiff’s moving into the multi-family house of this case, five prior lessees were as follows, and the total amount of the deposit reaches KRW 160,00,000.

As of December 8, 2010, G 2014-0, G 2014-04-16,000 smallest H 2013-04-19,000,000 (14,000,000 top priority payment) I 2013-02-04,000,000 small small-amount Korean Land and Housing Corporation 2012-07-09,000,000, J 2011-02-2160,000,000 in total, 160,000,000 or more with respect to the instant multi-family house as of December 8, 2010 when the instant lease was concluded.

As to the multi-family house in this case, the procedure for the auction of the real estate rent (hereinafter “instant auction procedure”) has been in progress with K in this court, and on July 4, 2016, the Plaintiff received dividends of KRW 23,737,652 from the above auction procedure, and until now, the Plaintiff has not recovered KRW 63,262,348 from among the deposit money.

The defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the "Defendant Association") entered into a mutual aid agreement between the defendant C and the above defendant, stating that the defendant shall be liable for damages to the parties to the transaction in the event of loss of property caused by intention or negligence on the part of the parties to the transaction.

[Ground of recognition] A.