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(영문) 서울중앙지방법원 2019.05.14 2018가단5135099
공제금 등 청구의 소
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from September 3, 2018 to May 14, 2019.

Reasons

1. Basic facts

A. On December 26, 2015, the Plaintiff entered into a lease agreement with D by setting the lease deposit deposit amount of KRW 50,000,000, and the lease term of KRW 27, 2015 from December 27, 2015 to December 27, 2017.

(hereinafter “instant lease agreement”). On December 27, 2015, the Plaintiff moved to D on December 27, 2015 and made a move-in report on December 29, 2015, and received a fixed date on the same day.

B. On December 4, 2015, C entered into a mutual aid agreement with the Defendant (hereinafter “instant mutual aid agreement”) with the content that compensates the client’s damages incurred by the brokerage accident within the scope of KRW 100,000,00 during the period of mutual aid (from December 5, 2015 to December 4, 2016).

C. At the time of the conclusion of the instant lease agreement, each of the maximum debt amount of the instant building and its premises, which the mortgagee was the mortgagee, was set at KRW 378,00,000,000, and KRW 56,000,000. At the time of the conclusion of the instant lease agreement, the details of the lease agreement of the lessee who was already occupying the instant building are as shown in the attached Table.

Of the description of confirmation of object of brokerage prepared and delivered by C to the Plaintiff, the term “rights” refers to “rights other than ownership” and the term “right-holder’s right-holder’s right-holder’s right-holder’s right-holder’s right-holder’s right-holder’s right-holder’s right-holder’s right-holder’s right-holder’s right-holder’s right-holder

E. As to the instant building and building site, a voluntary auction procedure was initiated upon the application of a collective security association GD association (JJ branch I in the Changwon District Court). As a result of the appraisal conducted in the said auction procedure, the appraised value as of April 19, 2017 was the total of KRW 1,016,164,490, and the instant building and building site were collectively sold at KRW 584,444,111 in total.

The plaintiff on July 4, 2018.

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