(영문) 수원지방법원 2017.07.11 2016가단531214

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(영문) 수원지방법원 2017.07.11 2016가단531214

보증금반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of the Suwon-gu Condominium Group C (hereinafter “instant Condominium”) in Suwon-si.

B. D was registered as a brokerage assistant of the F Licensed Real Estate Agent Office of Suwon-si E and 101, and actually operated the said authorized brokerage office.

C. The Defendant, on behalf of the Defendant, granted D the authority to enter into a lease agreement with each of the instant condominiums on behalf of the Defendant, under which each of the instant condominiums is entitled to monthly rent (hereinafter “monthly rent agreement”).

D was granted the authority to conclude a monthly rent contract for each section of exclusive ownership of the instant aggregate building from the Defendant, but on behalf of the Defendant on April 28, 2013, a lease contract was concluded between the Plaintiff and the Plaintiff on behalf of the Defendant with respect to the E-dong 107 (hereinafter “the instant studio building”) of the instant aggregate building with a deposit of KRW 75 million and the term of the lease from April 28, 2013 to April 27, 2015. After the renewal of the said contract, the deposit was increased to KRW 80 million.

(hereinafter “instant lease agreement”). E.

After the termination of the instant lease agreement, D returned to the Plaintiff KRW 50 million out of the deposit amount of KRW 80,000,000, and the Plaintiff did not receive a refund of the remaining deposit of KRW 30,000,000.

F. Meanwhile, D provided a lease contract with a deposit of KRW 10 million and monthly rent of KRW 600,000 to the Defendant (written by forging the Plaintiff’s signature as a lessee) and remitted monthly rent to the Defendant by stating the remitter as E-dong No. 107.

G. On May 17, 2017, D was convicted of five years of imprisonment, and was sentenced to a conviction of five years, on the grounds that he/she acquired a deposit from a large number of studios and officetels lessees from around 2008 to around 2016.

[Reasons for Recognition] A’s 1-2, A’s 2-5, Eul’s 4-1-2, Eul’s 5-1-4, Eul’s 6, and Eul’s 6.

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