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(영문) 창원지방법원 통영지원 2018.10.16 2017가단26521

보증금반환

Text

1. The Plaintiff:

A. Defendant B shall be KRW 120,000,000 and the interest rate of KRW 15% per annum from April 1, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 24, 2016, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with Defendant B by setting the lease deposit amount of KRW 120 million, and the lease term from May 27, 2016 to May 26, 2018 with regard to the instant house as to KRW 402 among the multi-family houses on the fourth floor located D’s fourth floor (hereinafter “instant house”) located in Defendant B, which was owned by Defendant B, as a broker of Defendant C, and on May 24, 2016, the Plaintiff paid the Plaintiff KRW 120 million to the Defendant B the lease deposit amount of KRW 1220 million.

B. Defendant C was a licensed real estate agent conducting real estate brokerage business under the trade name of “F Licensed Real Estate Agent Office” in the E, and entered into a mutual aid agreement with Defendant C with the content that, on December 29, 2015, Defendant C and the Association would guarantee liability for damages incurred to the parties to the transaction in connection with Defendant C’s brokerage activities during the period of mutual aid between December 29, 2015 and December 28, 2016 (hereinafter “instant mutual aid agreement”). < Amended by Act No. 13788, Dec. 29, 2015>

C. Prior to the conclusion of the instant lease agreement, the maximum debt amount of KRW 260 million, the mortgagee, and KRW 390 million, each of which was set up prior to the conclusion of the instant lease agreement.

Before entering into the instant lease agreement, G, H, I, J, K, L, M, and N respectively entered into a lease agreement with respect to a part of the instant housing unit. After entering into the instant lease agreement, theO entered into a lease agreement with respect to a part of the instant housing unit. The details of the said lessee’s deposit amount, the date of transfer, the fixed date of transfer, etc. are as follows.

The lease deposit with a fixed date (won) G 204 on April 29, 2015, G 204 on the date of the transfer of the leased portion into the leased portion, H 201 H 201 on April 29, 2015, May 15, 2015, 2015, i.e., 60,000,000 I 301 on May 15, 2015, 2015; i.e., 301 on February 23, 2016, 200. < Amended by Act No. 14305, Feb. 50, 2000>