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(영문) 수원지방법원 2017.11.28 2016가단800200
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

. The defendant C appears to have arranged and even thereafter the defendant C acts as his agent with respect to the apartment of this case.

Of the lease deposit received by the above H, KRW 60 million was used as a debt repayment set forth by H to Defendant C, and the remainder of KRW 10 million was paid to Defendant B.

C. On September 8, 2011, at the office of the above G Licensed Real Estate Agent, the Plaintiff entered into a sub-lease contract with Defendant C, who is the agent of Nonparty H as a broker of Defendant D, with respect to the instant apartment, with the term “from September 30, 2011 to September 25, 2013”, “lease deposit amounting to KRW 85 million”, and “Lessee H and lessee A” (hereinafter “sub-lease contract of this case”), and the terms and conditions of the instant sub-lease contract are as follows.

* This Agreement is a key to a contract under mutual agreement after recognizing the characteristics of public rental housing for 10 years LH Corporation.

*The lease contract in the current state of the facility is the damage caused by the lessee’s negligence will be restored to its original state.

* Rental deposit shall be notarized, and in the case of balance, one certificate of the personal seal impression and one copy of the personal seal impression shall be held respectively, and one half of the notarial cost shall be borne.

* As of the outstanding base date, lessors are to set up showers in Vietnam.

* The lessee is a contract under which the moving-in report is not made and actively cooperate in fact-finding surveys.

* Other matters correspond to real estate practice. D.

The Plaintiff paid KRW 5 million to Defendant C on September 30, 201, and KRW 80 million on September 30, 201, respectively, for each of the following reasons: (a) the date of the instant sub-lease contract; and (b) the Plaintiff completed the said lease deposit.

Of the above lease deposit, KRW 70 million was paid to Nonparty I as the refund of the lease deposit. Of the remaining KRW 15 million, KRW 5 million was paid to Nonparty H, and KRW 7.7 million was used as the debt repayment for H’s Defendant C, and the remainder was used as brokerage commission and notarial expenses.

E. According to the instant sub-lease agreement, H is the Plaintiff on September 30, 201, according to the special agreement.

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