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(영문) 대전지방법원천안지원 2020.05.13 2019가단3376
임차보증금 등
Text

1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. The Defendant’s acquisition of ownership and conclusion of a sales consignment agreement 1) around July 25, 2016, the Defendant entered the real estate listed in the separate sheet C (hereinafter “instant real estate”) from C (hereinafter “instant real estate”).

(2) Around that time, the Defendant concluded a business consignment agreement with D Co., Ltd. (hereinafter “Nonindicted Company”) on the instant real estate.

The main contents thereof are as follows:

(B) Of them, “A” refers to the non-party company, “B” refers to the defendant). Article 1 / [Purpose]

1. Eul shall entrust the instant real estate to Gap with a business to be a D.

2. The term "entrusted business" means all of the affairs related to lease for the goods sold in lots, the payment of rents for the period of lease guarantee, the receipt and management of deposits, the colors and selection of lessees, the publicity of leases, the management of lease contracts, and other affairs related to lease for such purposes;

§ 2. [Name] This entrusted business shall be exercised in the name of Section B.

Article 4 (Matters for Consultation)

2.As to the profit structure of Gap of this business consignment, Eul will adopt the operating method of Gap of this business consignment.

A shall be deemed to have paid 850,000 won per month to B a security deposit of 10,000,000 won for the commission fee.

- A may be different from the above-mentioned security deposit when a lease contract is made with a lessee.

- A may create a virtual account in the name of B for the management of tenant deposits and rents, and B shall consent thereto.

3) At the time of the Defendant’s purchase of the instant real estate, E entered into a lease agreement as a lessee. B) On April 10, 2017, the lease contract was concluded between the Plaintiff and the Defendant, and Nonparty Company, with respect to the instant real estate, KRW 45,00,000, monthly rent of KRW 350,000, and the period from April 14, 2017 to April 13, 2018.

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