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(영문) 대전지방법원 2020.09.25 2020나100343
보증금반환
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The part of the defendant in the judgment of the court of first instance is as follows.

Reasons

1. Basic facts

A. The Defendant is the owner of the building indicated in the attached list (hereinafter “instant building”).

B. Around January 2016, the Defendant entered into a business consignment agreement with the representative director D, and the main contents are as follows.

The defendant shall entrust the business concerning the building of this case to the LABC.

The term "entrusted business" means all of the rental-related business conducted by the Dispute Resolution Co., Ltd. for the defendant, such as rental-related business, the payment of rent for the guarantee period, the collection and management of rental deposit, the lessee's physical color and selection, the public relations for lease, the management of the lease contract

(1) The entrusted business shall be exercised under the name of the defendant.

(Article 2) The defendant concludes this contract with the knowledge that the public relations of the lease, the tenant color and selection, the deposit money and management, the issuance of the lease contract, etc. through the Dispute Resolution Co., Ltd.

(Special Agreement) The Dispute Resolution Co., Ltd. shall pay to the defendant a deposit of KRW 10,00,000 per month with a guarantee fee for the entrustment.

In the case of a lease contract with a lessee, the amount of the guarantee fund and the amount may be different.

(c) matters of special agreement;

On January 2016, the defendant prepared and issued a letter of delegation to the Dispute Resolution Co., Ltd. to the effect that "any of the matters related to the lease, such as the lease-related business, the payment of rent for the guarantee period, the receipt and management of rental deposit, the lessee's physical color and selection, the public relations for lease, the management of the lease contract (form of the contract), and the authority related to the household inspection and visit," and the certificate of seal impression

On November 16, 2017, the Plaintiff entered into a lease agreement with the Plaintiff, a representative of the Defendant, which is KRW 30 million, monthly rent of KRW 300,000,000, monthly rent of KRW 300,000,000, from November 17, 2017 to November 16, 2018.

(hereinafter referred to as “instant lease agreement.” The terms and conditions of the relevant special agreement shall be responsible for the refund of the deposit in the Dispute Resolution Co., Ltd.

‘The phrase is written.’

hereinafter referred to as "the case."

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