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(영문) 수원지방법원 2016.07.07 2015가단121818
보증금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The plaintiffs' assertion

A. The Plaintiff A is a lessee of the E building 302 (hereinafter “E building 302”) at Osan City, and the lease contract is terminated. As such, Defendant C, who succeeded to the status of the deceased F, the lessor, should pay the lease deposit amount of KRW 20 million and interest for delay.

B. Plaintiff B is a lessee of the G building 306(G building 306) and H building 403(hereinafter “H building 403”) in Osan-si. Since each lease contract is terminated, Defendant D, a lessor, should pay the total amount of lease deposit amount of KRW 45 million and interest for delay.

2. Determination

A. 1) The Plaintiffs asserted that all of the Plaintiffs entered into a lease agreement as I’s intermediary, and Plaintiff A is the mother of Plaintiff I, and Plaintiff B is the mother of Plaintiff I’s mother. 2) According to the lease agreement made in relation to the building 302, the agreement was concluded on September 24, 2012 with I as a broker, and the lease deposit amount of KRW 20 million was paid on September 28, 2012, and was designated as the “CF” account for monthly rent and management expenses.

The plaintiff A, who is a lessee, has a handbook attached to the plaintiff A, and the I's signature and seal is affixed to the broker.

Plaintiff

A paid the above lease deposit and submitted a written confirmation of the results of electronic financial transfer, and I transferred KRW 20 million to NAF on September 18, 2012.

3) According to the lease agreement drawn up in relation to the 306 G building, it was concluded on October 4, 2013 as a broker I’s brokerage, and deposit KRW 20 million was paid on October 12, 2013, and the NA was designated as the monthly rent and management fee account. The NA is placed on the tenant B (M) and the I’s signature and seal is affixed. The Plaintiff B paid the above lease deposit and submitted a written confirmation of the results of the electronic financial transfer. The Plaintiff B submitted a written confirmation of the electronic financial transfer on October 12, 2013, and I transferred KRW 20 million to ND on October 12, 2013, according to the lease agreement drawn up in relation to H building 403.

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