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(영문) 창원지방법원통영지원 2019.10.29 2016가단25514
보증금반환
Text

1. The Plaintiff:

A. Defendant B’s KRW 75,00,000 and for this, KRW 15% per annum from November 4, 2016 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On November 9, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B by setting the lease deposit amount of KRW 75 million with respect to F, among the multi-family houses on the fourth floor E (hereinafter “instant house”) owned by Defendant B, at the time of the grace period owned by Defendant B (hereinafter “instant house”) from November 20, 2015 to November 20, 2017, and around that time, paid the lease deposit of KRW 75 million to Defendant B.

B. On April 23, 2015, Defendant C concluded a mutual aid agreement with the Defendant D Association (hereinafter “Defendant Association”) with the content that, in the name of “H Licensed Real Estate Agent Office”, the real estate agent engaged in real estate brokerage business in G, Defendant C signed a mutual aid agreement with the Defendant Association (hereinafter “instant mutual aid agreement”) stating that the amount of the mutual aid shall be KRW 100 million, and the period of mutual aid shall be from April 23, 2015 to April 22, 2016, to ensure that the Defendant Association shall be liable for property damage to the transaction parties in connection with Defendant C’s brokerage (hereinafter “instant mutual aid agreement”).

C. Before entering into the instant lease agreement, the instant housing and its site had been set up a collateral of KRW 650 million with the obligee I, the maximum debt amount, and the maximum debt amount.

Before entering into the instant lease agreement, J, K, L, M, N, P, Q, and R entered into each lease agreement on some of the houses of this case. After entering into the instant lease agreement, S and T entered into each lease agreement on some of the houses of this case. The details of the deposit, transfer date, fixed date, etc. of the said lessee are as follows.

The lease deposit with the fixed date on which the lease portion of the lessee was transferred on June 13, 2012, JU, 90,000 KV on June 13, 2012, and on March 14, 2013, 13, 95,000 LW on March 13, 2013, March 5, 2013, 70,000 MX No. 00,000 on March 5, 2013, 6. 70,000 on July 4, 2013, 200, NY No. 000,00 NY on April 18, 2014, A No. 10,000 on May 4, 2014, A, 2014;

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