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(영문) 창원지방법원통영지원 2019.03.19 2017가단22543

보증금반환

Text

1. The plaintiff's primary claim against the defendant B is dismissed.

2. The Plaintiff:

A. Defendant C shall be KRW 80,000,000 and this shall apply.

Reasons

1. Facts of recognition;

A. Defendant B entered into a lease contract between Defendant B and G, etc. 1) Defendant B’s H apartment I (hereinafter “instant apartment”).

(2) Defendant E as a licensed real estate agent from April 2012 to December 2013, 2013, operated the real estate agent office under the trade name of K Licensed Real Estate Agent, and Defendant C worked as a brokerage assistant at the said office.

3) On March 18, 2013, Defendant B entered into a lease agreement with G on the instant apartment as a broker by Defendant C, setting the lease deposit of KRW 10 million, monthly rent of KRW 7.5 million, and from February 27, 2013 to February 27, 2015 with the lease term. (B) Defendant C, by deceiving Defendant C, went away from the instant apartment, without notifying the said fact to Defendant B, by deceiving L to receive brokerage request from Defendant B, and on April 19, 2013, the Defendant C drafted the lease agreement between L and L with respect to the instant apartment under the name of the lease deposit amount of KRW 8 million, monthly rent of KRW 7.5 million, and from February 27, 2013 to February 27, 2015 (hereinafter “instant lease agreement”).

2) The terms and conditions of the instant first lease agreement stipulate that the lease deposit shall be deposited into the N association account of Defendant D, the husband of Defendant C, and accordingly L wired KRW 8 million to the N association account of Defendant D on April 15, 2013 and KRW 72 million on April 20, 2013. 3) The broker’s column of the instant first lease agreement includes the trade name, etc. of the K Licensed Real Estate Agent’s office, and the signature and seal of Defendant E.

C. On April 2015, L, such as re-preparation of a lease contract to extend a period, requested Defendant C to prepare a lease contract in the name of a wife in contact with Defendant C, and Defendant C is the lease deposit, lease term, etc.