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(영문) 수원지방법원안산지원 2020.02.19 2019가단54620
임대차보증금
Text

1. The Plaintiff:

A. Defendant B shall be KRW 60 million and 12% per annum from March 21, 2019 to the date of complete payment.

Reasons

. Facts of recognition.

A. On January 29, 2016, Defendant B acquired the ownership of the member-gu F Officetel G (hereinafter “instant officetel”). On December 29, 2016, Defendant C, a licensed real estate agent, and Defendant D, a broker assistant, prepared and issued the following delegations (hereinafter “instant delegations”), and issued the certificate of personal seal impression of the principal, stating “for the purpose of delegation of officetels” in the usage column.

* The person to be delegated - Defendant C - the case of the lease management of an officetel: the indication of the entrusted real estate - the portion delegated, authority and amount - the entrusted part - the cases of the lease of an officetel and the management of facilities - the entrusted amount - the total amount of lease deposit, the total amount of cost of repair and replacement of facilities - other matters:

1. Cases related to a lease agreement;

2. Facilities management cases;

3. Delegation for participation in meetings of occupants' representatives related to new buildings;

4. Other matters separately.

B. On December 14, 2017, Defendant C, using the said power of attorney and a certificate of personal seal impression, leased the instant officetel to the Plaintiff as the agent of Defendant B by setting the lease deposit amounting to KRW 60 million, and the lease period from December 20, 2017 to December 20, 2018.

(hereinafter “instant lease agreement”). On December 14, 2017, the Plaintiff paid KRW 6 million to Defendant C the down payment, transferred KRW 54 million to H account designated by Defendant D on December 20, 2017, and received a receipt from Defendant C in his/her agent capacity, and began to reside after being handed over the instant officetel from December 20, 2017.

C. Around October 2018, the Plaintiff expressed his/her intent not to extend the instant lease agreement to Defendant C, and asked whether the Ftel could move to another heading room of the Ftel. On February 2019, the Plaintiff sent KRW 7 million down to Defendant C’s account on October 16, 2018, following the statement that the Ftel may move to FtelI in KRW 70 million.

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