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(영문) 대전지방법원 2020.10.08 2020나102240
임대차보증금
Text

1. Of the part of the claim for return of unjust enrichment in the first instance judgment, the following amount is the amount ordering payment.

Reasons

1. Facts of recognition;

A. The Defendant is the owner of the real estate indicated in the separate sheet (hereinafter “instant building”).

B. On May 11, 2017, the Defendant entered into the instant business consignment agreement (hereinafter “instant business consignment agreement”) with C Co., Ltd., the business purpose of which is real estate leasing business, etc. (hereinafter “C”).

The main contents are as follows:

Article 1 [Purpose]

1. The defendant shall entrust the business of this case to the Dispute Resolution Co., Ltd. (hereinafter referred to as "the entrusted business").

2. The term "entrusted business" means all of the services related to lease for the goods sold by the defendant, the payment of rents for a guarantee period for lease, the receipt and management of deposits for lease, the lessee's physical color and selection, the publicity of lease, the management of a lease contract, and other services related to lease for the defendant;

Article 2 [Name] The entrusted business shall be exercised in the name of the defendant.

Article 4 [Matters to be Agreed] The basis for the management plan of the Dispute Resolution Co., Ltd. shall be to employ the operating method of the Dispute Resolution Co., Ltd. in connection with the entrusted business.

Article 11 (Rents and Commission Fees)

2. The rent shall, in principle, be deposited every month in the account separately designated by the defendant.

Article 17 [Deposit and Rent] The defendant shall enter into a contract with the Bank of Bankruptcy in the amount of KRW 50,000,000,000.

(Provided, That the above amount may be adjusted at the time of completion) / [Special Agreement] - The defendant concludes this Agreement with the recognition that the defendant carries out business affairs, such as promotion of lease, tenant color and selection, consultation on lease, and issuance of a letter of guarantee through the Dispute Resolution Co., Ltd.

- The Co., Ltd shall pay 500,000 won per month to the defendant for the conversion deposit, respectively.

C. Upon entering into the instant business consignment agreement, the Defendant issued a certificate of personal seal impression issued by the Defendant himself/herself on February 25, 2014.

On April 7, 2015, the Plaintiff is with the Dispute Resolution Co., Ltd. which represents the Defendant as his agent.

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