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(영문) 창원지방법원통영지원 2017.12.21 2016가단24870
보증금반환
Text

1. The Plaintiff:

A. Defendant B shall be KRW 90,000,000 and the interest rate of KRW 15% per annum from December 9, 2016 to the date of full payment.

Reasons

Basic Facts

On October 1, 2014, the Plaintiff, as a broker of Defendant C, leased 303 units of the multi-family house of 4th floor above the D ground (hereinafter “instant house”) owned by Defendant B (hereinafter “instant house”) with the term from October 11, 2014 to April 10, 2017 (hereinafter “instant lease contract”), and around that time, paid the said lease deposit to Defendant B.

On August 30, 2014, Defendant C entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) to guarantee the Defendant Association’s duty to compensate for property damage incurred to the parties to a transaction in connection with Defendant C’s brokerage activities by setting the deductible amount of KRW 100,000,000, and the period of mutual aid from August 31, 2014 to August 30, 2015, as a licensed real estate agent conducting real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office”.

Before entering into the instant lease agreement, each of the maximum debt amounts of KRW 299,000,000, and KRW 221,000,000, which is the mortgagee, had already been set up prior to the conclusion of the instant lease agreement (the aggregate of the maximum debt amounts of the two-mortgage).

On the other hand, the lease relationship with the house of this case is as follows, and the serious writing portion is the lessee, and the total amount of the lease deposit is 480,000,000 won.

1. Amount of 101 F. 101. 3. 4. 20, 201: L. 1. 30, 200, 100: 14,00,000 on December 21, 2015; 13. 1. 0,000 on August 13, 2015; 3. 10,000 on August 13, 2015; 10,000 on August 3, 200, 200; 4. 1. 1. 1. 1. 1. 4, 200 on May 3, 200, 200 on April 6, 2015; 200: 1. 5,00 on July 50, 2016; 1. 1. 1. 4, 2003

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