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(영문) 수원지방법원 안산지원 2021.01.28 2020가단66070
보증금반환
Text

1. The defendant shall pay 60,000,000 won to the plaintiff at the same time with the delivery of the real estate stated in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. On December 24, 2016, the Defendant is C Co., Ltd. (the representative is D).

A business consignment contract (hereinafter “instant consignment contract”) with respect to real estate (hereinafter “real estate”) indicated in the separate sheet (hereinafter “non-party company”) was concluded with the non-party company, and the main contents are as follows.

Article 1 (Purpose)

2. Entrusted Business means A (the defendant).

(hereinafter the same shall apply) with respect to the goods sold in lots, all of the rental-related affairs, such as lease-related affairs, payment of rent for the period of lease guarantee, collection of deposit money and management thereof, lessee's physical color and selection, public relations for lease, management of lease contracts (form of contract) and other affairs related to lease.

Section 2 (Name II) The entrusted business shall be exercised in the name of B.

§ 11. Commission fees and proceeds

1. A (the non-party company)

hereinafter the same shall apply) shall deduct the annual entrustment fee of the entrusted business (one-month monthly rent per head office) from the first monthly rent of the first day of the commencement of the contract.

2. Revenues of Section B shall, in principle, be deposited each month by the date separately designated by Section B in the account designated by Section B.

Special agreement - The amount of KRW 800,000 per month shall be the amount of KRW 100,000 per month from the security deposit for the commission fee to Eul.

- A may be different from the amount of the above guarantee when a lease contract is made with a lessee.

B. On December 24, 2016, the Defendant drafted and signed a power of attorney on the instant real estate, etc. with respect to the non-party company (hereinafter “the instant power of attorney”). The instant power of attorney was delegated to the non-party company the power of attorney with respect to all the lease-related matters, such as lease-related duties, payment of rent during the guarantee period, receipt of deposit money, and management of deposit money, tenant color and selection, promotion of lease, management of lease contracts (form of a contract), and household inspection and visit (state).

“.......”

(c)

On February 14, 2018, a non-party company is subject to a resolution for dissolution of a general meeting of shareholders.

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