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(영문) 수원지방법원 2017.04.20 2016가단531580

구상금

Text

1. Defendant B shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from October 8, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On December 13, 2013, Defendant B acquired the ownership of Suwon-si D ground lending 502 (hereinafter “instant lending”).

B. 1) On April 12, 2014, Defendant B leased the instant loan to E (hereinafter “instant lease agreement”) as follows.

The term of lease was concluded. From May 21, 2014 to May 21, 2016, 130 million won as security deposit (the intermediate payment shall be 13 million won as security deposit).

(z) Any balance shall be paid on May 21, 2014.

(2) Defendant B, prior to April 30, 2014, cancelled the right to collateral security of KRW 50 million with the maximum debt amount set forth in the instant loan, and Nonparty B shall pay KRW 12 million with the remainder of the provisional contract amount, deducting one million with the remainder of the deposit already paid. At the same time, Defendant B shall pay the remainder of the deposit to the lessee and the remainder of the maximum debt amount set forth in the instant loan amount of KRW 149,500,000 with the lease amount of KRW 149,500 with the maximum debt amount set forth in the instant loan.

hereinafter referred to as the “mortgage of this case”

(2) On April 23, 2014, Defendant B cancelled the right to collateral security of KRW 50 million with the maximum debt amount, and E paid the remainder down payment of KRW 12 million to Defendant B around April 27, 2014.

C. The Plaintiff and Defendant C as a licensed real estate agent. As to the instant lease agreement, the Plaintiff was the E side broker, and Defendant C was the Defendant B side broker.

On May 21, 2014, E transferred KRW 87 million, out of the balance of the deposit under the instant lease agreement, to Defendant B’s deposit account. The remainder of KRW 37 million was transferred by E to the Plaintiff’s deposit account, but the Defendants arrived at the Plaintiff’s Licensed Real Estate Agent’s Office, and transferred it to Defendant B’s deposit account.

(E) The remaining payment date was not entered in the Plaintiff’s office as another business.

Defendant B shall decide to cancel the instant right to collateral security in accordance with the terms of the instant lease agreement after receiving all the remainder of the foregoing deposit, and the bank located near the wife issued a check equivalent to the amount of the secured obligation.