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(영문) 창원지방법원 통영지원 2018.07.24 2016가단26135
임대차보증금
Text

1. Defendant B’s KRW 15,00,000 as well as 5% per annum from November 25, 2016 to July 24, 2018.

Reasons

1. Facts of recognition;

A. On February 19, 2014, the Plaintiff entered into a lease agreement between Defendant C and Defendant D, setting the lease deposit amount of KRW 65 million, and the lease term from March 15, 2014 to March 15, 2016 (hereinafter “instant lease agreement”) with respect to subparagraph 205 among the multi-family houses owned by Defendant B on the fourth floor E (hereinafter “instant house”). Around that time, the Plaintiff paid KRW 65 million to Defendant B.

B. Defendant C is a mutual aid business entity that enters into a mutual aid agreement with Defendant C and Defendant D to ensure liability for damages arising out of the said Defendants’ brokerage activities, with the trade name of Plaintiff C and Plaintiff D, which is a licensed real estate agent. Defendant D is a licensed real estate agent operating each real estate brokerage business under the trade name of Plaintiff H and 110 at macrosisisisi, and Defendant D is a mutual aid business entity that entered into a mutual aid agreement with Defendant C and Defendant D to guarantee liability arising out of the said Defendants’ brokerage activities

C. Prior to the conclusion of the instant lease agreement, the maximum debt amount of KRW 299 million, which shall be the mortgagee, and KRW 156 million, was set respectively, prior to the conclusion of the instant lease agreement.

Before entering into the instant lease agreement, J, K, and L respectively entered into a lease agreement on a part of the instant housing unit, and M/N lessee N reported his/her right in the auction procedure of real estate rent, but the relationship of lease was not confirmed by the current status survey;

O, P, Q, R, and S respectively concluded a lease agreement on part of the instant housing units. The details of the amount of deposit, transfer date, fixed date, etc. of the above lessees are as follows:

The lease deposit with the fixed date of the date on which the possession of the leased portion commences, J 303 (won) on the date on which the occupancy of the leased portion commences, February 6, 2014, February 6, 2014, K 201 (K 201), December 27, 2013, 201, February 7, 2014;

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