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(영문) 춘천지방법원 2017.06.15 2016가단53391
임대차보증금
Text

1. The defendant shall pay the plaintiff KRW 50,000,000.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2-1, 2, and 1, and Eul evidence No. 1, and there is no counter-proof.

On December 3, 2014, the Defendant and Nonparty C drafted the instant consignment management contract (hereinafter “instant consignment management contract”) with the following content.

1) Indication of consigned real estate: Guarantee of rents for the first agreed rent from November 30, 2014 to November 30, 2016 (which can be extended after subsequent consultation) for the following reasons: (a) the agreement on the selection and invitation of occupants; (b) the conclusion of a lease agreement; (c) the vicarious execution of a lease agreement; (d) the collection, demand, and cancellation of rents; and (d) the adjustment and safekeeping (i) the increase or decrease of rental deposits: Guarantee of rents from November 30, 2014 to November 30, 2016; (d) the non-party C transfers the rent for the first agreed first time to the Defendant even when the delay of rents or the failure of the household occurs; and (e) the non-party C subsequently settle the rent from the lessee.

5) The terms and conditions of initial deposit and rent agreement: The total amount of rental deposit shall be KRW 32,00,000; the Defendant shall refund to Nonparty C any excess of the agreed deposit when the contract expires; and if the deposit is less than the agreed deposit at maturity, the difference in the initial deposit shall be refunded to Nonparty C. Moreover, the Defendant and Nonparty C shall deposit KRW 3,240,000 on the last day of each month to the Defendant’s account at the end of each month. The Defendant and Nonparty C shall settle the rents paid in advance by adding up and adjusting the rental deposit to Nonparty C at the expiration of the contract and applying the date.

B. On December 3, 2014, Nonparty C is designated as his/her agent, and Nonparty C is designated as his/her agent. ① Selection and invitation of occupants, ② All rights to enter into a lease agreement (a new contract, extension of contract, renewal, and cancellation), ③ settlement of public charges by each household, ④ collection and demand of rents, ⑤ collection and demand of rents, ⑤ adjustment of rental deposit, custody and refund, and ⑤ other tasks with the lessee.

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