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(영문) 부산지방법원 2020.09.08 2019가단331002
임대차보증금
Text

The primary Defendant (Counterclaim Plaintiff) C shall:

A. The Plaintiff shall pay KRW 30,000,000 to the Plaintiff and the Plaintiff shall be fully paid from October 8, 2019.

Reasons

1. Facts of recognition;

A. Defendant C has requested Defendant D to mediate the lease of the instant real estate since 10 years ago as the owner of each of the instant real estate listed in the attached real estate list (hereinafter “the instant real estate”). Defendant D was a person who operated the F Licensed Real Estate Agent Office located in Busan-gu, and Defendant E Association (hereinafter “Defendant Association”) issued a certificate of mutual aid to compensate for damages, etc. related to the act of real estate brokerage.

B. (1) On November 14, 2017, Plaintiff A entered into a lease agreement with Plaintiff A and Defendant C with respect to the real estate listed in the [Attachment 1] List of Real Estate owned by Defendant C (hereinafter “real estate 1”) as a broker of Plaintiff C, the lease deposit amount of KRW 30 million, monthly rent of KRW 380,000 (payment on November 18, 2017), and the lease term of KRW 1 year from November 18, 2017 to November 17, 2018 (hereinafter “the first lease agreement”) and received KRW 50,000 as the down payment to Defendant D on the same day, and the remainder of the lease deposit and KRW 950,000 and KRW 288,000,000 were paid on November 28, 2017.

(2) Although Defendant D prepared and delivered to Plaintiff A a real estate lease contract with a lease deposit of KRW 30 million and monthly rent of KRW 380,000,000,000, the contact address of Defendant C, a lessor under the above lease contract, was not contact address. Meanwhile, Defendant C issued a real estate lease contract with a lease deposit of KRW 5 million and KRW 650,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

(3) From December 29, 2017 to February 1, 2019, Plaintiff A paid the monthly rent to the account of community credit cooperatives under G’s name. From April 13, 2019 to July 29, 2019, Plaintiff A paid the monthly rent to the bank account under Defendant C’s name.

On the other hand, Defendant.

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