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(영문) 서울중앙지방법원 2017.04.21 2015가단5153355
손해배상(기)
Text

1. The Defendant: KRW 30,000,000 to the Plaintiff A; KRW 30,000,000 to the Plaintiff B; and KRW 36,50,000 to the Plaintiff C; and each of them.

Reasons

1. Facts of recognition;

A. The defendant is delegated with the business of leasing the studio of the F Building Nos. 302 and 303 from the non-party E, the ownership of which is the date non-party E at the monthly intervals.

B. Under a delegation contract, the Defendant entered into only a monthly lease contract with respect to the above 302 and 303 won with no deposit for the lease contract. The Defendant is entitled to enter into a lease contract including the deposit for the lease even if it is in excess of the deposit for the lease contract at the time when it receives the deposit for the lease contract from the lessee due to its violation of this, and is deemed to have the ability to return the deposit for the lease contract that it received. ① The trust was 30,000,000 won for the above 303 won on February 21, 2013 and 20.20,000 won for the lease contract from February 21, 2013 to December 19, 2014; ② the term of the lease contract was 30,000 won for the above 20,000 won for the lease contract was 20,000 won for the above 20,000 won for the lease contract; ② the lease contract was 30,01.

The defendant has not returned the above deposit to the above plaintiffs until now.

C. Meanwhile, the Defendant agreed to terminate the lease management delegation agreement with the Plaintiff C around the end of 2014, to pay the Plaintiff C KRW 36,500,000 to the Plaintiff by March 31, 2015 (hereinafter “instant return agreement”) on the grounds of embezzlement of the rent that the Plaintiff received from the lessee upon delegation of the Plaintiff’s business of leasing the G building and HGD building from the Plaintiff C, Chungcheongnam-si, Chungcheongnam-si, and without delivering it to the Plaintiff C (hereinafter “instant return agreement”).

[Reasons for Recognition] There is no dispute.

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