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(영문) 전주지방법원 2017.10.19 2016나10646

공제금청구의 소

Text

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

1. Basic facts

A. B is a person operating the D Licensed Real Estate Agent Office in the Dong-gu, Seoul (hereinafter “instant office”) and E is a person working at the instant office.

B. Upon delegation by the Plaintiff, F requested the said B and E to lease Nos. 12 of H apartment non-Dong 12 (hereinafter “instant apartment”) located in the Dong-dong, Daejeon-dong, Dong-dong (hereinafter “instant apartment”).

C. On December 27, 2012, B entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the lessee I and the lessee I with respect to the instant apartment by using F as the agent of the Plaintiff, a lessor, as the agent of the Plaintiff (the lessor) (hereinafter referred to as “instant lease agreement”). The I’s mother, under the name of the deposit, J: (a) the deposit of KRW 18 million was 4,00,000,000,000,000,000,000,000,000,000 won was 2,000,000,000,000,000,000,000 won, out of the down payment, was replaced by the deposit of KRW 2,00,000,000,000,000,000,000 won was paid from the said lessor.

D. D.

On the other hand, after the conclusion of the instant lease agreement, E made a false statement as to F’s change of the deposit amount to F’s KRW 5 million in the terms of the instant lease agreement to F with the consent of F, on the ground that “The lessee wishes to conclude a new contract at the most difficult monthly rate,” and deposited F’s account in the name of F KRW 2 million on December 31, 2012, KRW 200,000,000,000 on January 28, 2013, and KRW 5 million on March 4, 2012. < Amended by Act No. 11387, Mar. 4, 2012>

However, the above modified contract was not concluded, and E personally consumed the difference of the deposit amount of KRW 13 million.

E. The F merely deposited KRW 440,000,000 in an account in the F name on April 1, 2013, and KRW 300,000,000 on May 10, 2013, as E did not receive the monthly rent from the lessee properly.

E.