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Reasons
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(영문) 창원지방법원 통영지원 2018.10.25 2016가합11109
임대차보증금
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1. Defendant D:

(a) 90,00,000 won to Plaintiff A and 5% per annum from January 5, 2017 to October 25, 2018.

Reasons

1. Determination as to the claim against Defendant D

A. The description of the claim is as shown in the annexed sheet of claim.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination on claims against Defendant E, F, G, and H associations

A. 1) On December 6, 2013, Plaintiff A’s brokerage of Defendant E, with Defendant D, an individual house of the fourth floor size of Defendant D’s land (hereinafter “instant building”) between Defendant D and Defendant D.

(2) As to the instant building owned by Defendant D, Plaintiff B entered into a lease agreement with Defendant D, setting the lease deposit amount of KRW 50,000,000 from December 19, 2013 to December 18, 2015, and setting the lease term of KRW 50,000 per month. (2) On March 17, 2016, Plaintiff B entered into a lease agreement with Defendant D, setting the lease term of KRW 50,00,000 as to the instant building, which was owned by Defendant D, from March 27, 2016 to March 26, 2018.

3) On March 30, 2015, Plaintiff C entered into a lease agreement with Defendant D on the terms of the lease deposit amounting to KRW 80 million with respect to L among the instant building owned by Defendant D, and the term of lease from April 1, 2015 to March 31, 2017 (hereinafter collectively referred to as “each of the instant lease agreements”).

4) Defendant H Association (hereinafter “Defendant Association”) is a mutual aid business entity established to ensure liability for damages arising from a broker’s act as an intermediary.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 3, Eul's 1 through 9, the purport of the whole pleadings

B. The summary of the Plaintiffs’ assertion is Defendant E, F, and G as intermediaries who arranged the conclusion of each of the instant lease agreements, and the Defendant Association is a broker who agreed to compensate the Plaintiffs for the damages incurred by the mediation activities of Defendant E, F, and G, according to the terms and conditions of mutual aid.

Defendant E, F, and G are subject to each of the instant lease agreements.

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