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(영문) 수원지방법원성남지원 2015.09.16 2014가단23583
임차보증금반환
Text

1. The Defendants jointly share KRW 50,000,000 with respect to the Plaintiff and Defendant B from November 16, 2014 to June 2015.

Reasons

1. Basic facts

A. On February 26, 2013, the Plaintiff and Defendant C, acting as the broker of Defendant C, set the lease deposit of KRW 1722,00,000,000 from May 26, 2013 to May 25, 2014, and leased KRW 300,000,000 per month from May 26, 2013 to May 25, 2014.

B. On April 16, 2013, the Plaintiff and Defendant C, representing Defendant B, changed the lessee under the lease agreement as set forth in the above paragraph (1) to E Co., Ltd. (hereinafter “Nonindicted Company”) in which the Plaintiff is the representative director.

(hereinafter “instant lease contract, regardless of whether it was before or after the change in the name of the lessee”).

Defendant C signed and sealed all of the lease agreements made on February 26, 2013 and the lease agreements made on April 16, 2013 to the broker column as a broker, and the special terms and conditions of each of the above lease agreements stated as follows: “Where the lessee is unable to refund the deposit due to lack of payment capacity, the broker C shall return the deposit instead of the lessor.”

Plaintiff

On March 2, 2013, the non-party company paid to Defendant B KRW 1 million as the down payment of the lease deposit, KRW 4 million as the intermediate payment of the lease deposit on April 30, 2013, and KRW 45 million as the remainder of the lease deposit on May 25, 2013.

E. On July 25, 2013, Nonparty Company sublet the instant real estate to a third party with Defendant C’s consent.

F. The non-party company requested the return of the lease deposit before the expiration of the lease contract term of this case, but the defendant B failed to refund the lease deposit.

G. On August 29, 2014, the decision of voluntary commencement of auction was rendered on the instant real estate, and Defendant B is currently in a state of lack of sufficient means to repay.

H. Nonparty Company objection Defendant B on November 15, 2014.

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