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(영문) 수원지방법원 2020.07.15 2019가단523931
보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) shall pay KRW 50,000,000 to the Plaintiff (Counterclaim Defendant) as well as to the amount from March 1, 2020 to July 15, 2020.

Reasons

1. Facts of recognition;

A. The Defendant (B) is the owner who sold the real estate listed in the separate sheet (hereinafter referred to as the “instant building”) and completed the registration of ownership transfer on November 3, 2017.

B. Around November 25, 2017, the Defendant entered into a business consignment agreement with F Co., Ltd. (hereinafter “F”) on the following grounds: (a) the main contents of the agreement were: (b) F (i) all business related to the lease of the instant building; (iii) the receipt and management of rental deposits; (iv) the lessee’s color and management; (v) the selection and public relations activities; (v) the lease contract management (form of a contract); (v) the entrusted business is conducted in the name of the Defendant; (v) the deposit amount is KRW 5 million; and (v) the monthly amount is to be paid by the Defendant; and (v) the said guarantee amount and the

(B) In addition, the Defendant delegated F on the same day the authority related to the lease of the building of this case, including the lease-related business, the payment of rent for the guarantee period, the receipt and management of rental deposit, the lessee's physical color and selection, the publicity of lease, the management of the lease contract (the preparation of the contract), and the inspection and visit of the household.

(A) No. 2 power of attorney. (c)

On February 24, 2018, the Plaintiff entered into a lease agreement between FF’s employees (or employees of the real estate brokerage office acting on behalf of F) and the Plaintiff’s employees (or employees of the real estate brokerage office acting on behalf of F) with respect to the instant building as the lease deposit amounting to KRW 50 million and the period from February 24, 2018 to February 23, 2019 (hereinafter “instant lease agreement”).

At the time of the above lease agreement, the employees of F made a contract on behalf of the Plaintiff on behalf of the Plaintiff by presenting the certificate of the Plaintiff’s personal seal impression, the Plaintiff’s identification card, the Plaintiff’s identification card copy, and the Plaintiff’s passbook.

He registered the dissolution of a corporation by F. F.

A personal entrepreneur who is either F or F’s representative director, is a “F” individually, and enters into the said lease contract on behalf of the Plaintiff.

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