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(영문) 전주지방법원 2021.01.13 2020가단10444
공제금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. On March 4, 2016, the Plaintiff and C: (a) entrusted the Plaintiff, Co., Ltd. with the business of leasing, such as physical lease color, selection, public relations, lease, conclusion and management of a lease agreement, and the collection and management of lease deposit money; (b) the Plaintiff entered into a business consignment agreement with the Plaintiff at least KRW 20,000,000 and KRW 500,000 per month; and (c) on February 3, 2017, the Plaintiff entered into a business consignment agreement with the same content as to the buildings listed in the attached Table No. 2 as indicated in the attached Table No. 2.

B. On July 10, 2018, D, the representative of C, entered into a lease agreement on behalf of the Plaintiff to lease the building specified in attached Table 1 with the deposit amount of KRW 65,000,000,000, and the lease term of KRW 65,000 from July 21, 2018 to July 20, 2019, and E deposited the lease deposit of KRW 65,00,000 with the account under the name of D.

On January 26, 2019, the above D entered into a lease agreement on behalf of the Plaintiff to lease a building specified in attached Table 2 to F with a deposit of 65,00,000,000, and the lease term of 65,000,000 from February 2, 2019 to February 1, 2020. The F paid KRW 65,00,000 to the account in the name of D.

(c)

The defendant is an organization that operates a mutual aid project to guarantee liability for damages of an authorized broker for commencement of business, and G, as an authorized broker for commencement of business from October 13, 2017 to October 12, 2018, has subscribed to a mutual aid agreement with the defendant with the subscription amount of KRW 200,000,000 for the period from October 19, 2018 to October 18, 2019.

(d)

Attached Form

The above lease agreement drawn up between the plaintiff and E and F with respect to each building entered in the list has the signature or seal of G in the column of the "open Business Authorized Broker".

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, 11, Eul evidence Nos. 3-1 and 2, and the plaintiff's assertion of the purport of whole pleadings.

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