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(영문) 대구지방법원 2020.02.13 2019가단6338
임대보증금 등
Text

1. Defendant B’s KRW 35,163,871 as well as the Plaintiff’s annual rate from February 28, 2019 to April 10, 2019, and the following.

Reasons

1. Facts of recognition;

A. (1) Defendant C is a licensed real estate agent conducting real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office”.

(2) The Defendant D Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant C to ensure liability for damages according to the terms and conditions within the scope of the amount of the mutual aid agreement, setting the period of the mutual aid agreement as KRW 100,000,000, and the period of the mutual aid agreement from October 11, 2016 to October 10, 2017, when the Defendant C caused property damage to a party to a transaction, either intentionally or negligently, while acting as a broker.

B. (1) On April 3, 2017, the Plaintiff entered into a lease agreement with Defendant C by setting the lease deposit amount as KRW 20,000,00 with respect to G in relation to the multi-family house on the fourth floor in Daegu-gu (a total of 11 households; hereinafter “instant multi-family house”) on the fourth floor in Seoul-gu, Daegu-gu (hereinafter “instant multi-family house”), from March 28, 2017 to March 28, 2019 (hereinafter “multi-family lease agreement”).

(2) Under a lease contract under Article 1, the Plaintiff completely paid the lease deposit of KRW 20,00,000 to Defendant B until April 3, 2017, and around that time, occupied the instant multi-family house into G out of the multi-family house.

(3) On May 2, 2017, the Plaintiff and Defendant B agreed to increase the lease deposit under the lease contract No. 1 to KRW 73,000,000 and to change the monthly rent to KRW 50,000. In other words, the Plaintiff concluded a lease contract with Defendant C by setting the lease deposit amount to KRW 73,00,000, monthly rent to KRW 50,000, monthly rent, and the lease period from May 12, 2017 to May 11, 2018 (hereinafter “second lease contract”).

(4) On May 12, 2017, after concluding a second lease contract, the Plaintiff filed a move-in report with the instant multi-family house, and obtained a fixed date as to the lease agreement No. 2 on July 18, 2017.

(c) at the time of concluding the first and second lease agreements.

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