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(영문) 창원지방법원통영지원 2017.12.26 2016가단25637
임대차보증금반환
Text

1. The Plaintiff:

A. Defendant B shall be KRW 26,00,000 and the interest rate of KRW 15% per annum from November 9, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 18, 2015, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant B, with the mediation of Defendant C, set forth 102 of the multi-family house on the fourth floor D’s multi-family house owned by Defendant B (hereinafter “instant house”) with the lease deposit of KRW 40,000,000, and the lease term of KRW 20 from December 20, 2015 to December 20, 2016 (hereinafter “instant lease agreement”), and around that time, the said lease deposit was paid to Defendant B.

B. On August 26, 2015, the Defendant C and the Korea Licensed Real Estate Agent Association concluded a mutual aid agreement between the Defendant C and the Defendant’s Korea Licensed Real Estate Agent Association (hereinafter “instant mutual aid agreement”) under which the Defendant C and the Korea Licensed Real Estate Agent Association are liable to compensate for property damage incurred to the parties to a transaction in connection with the mediation of the Defendant C by setting the amount of deduction as KRW 100,000,000, and the period of deduction as from August 26, 2015 to August 25, 2016 (hereinafter “instant mutual aid agreement”).

C. The instant housing and its premises had already been set up prior to the conclusion of the instant lease agreement, with the maximum debt amount of KRW 299,000,000 and KRW 221,000,000, which are the mortgagee of the Nam-gu Saemaul Bank prior to the conclusion of the instant lease agreement.

In addition, the lease relationship of the house of this case is as listed in the following table.

A lease deposit with a fixed date 101 F. 101 F. 4, 201 March 4, 2013, 2013; KRW 102,00,00 on December 21, 2015; KRW 40,00,00 on February 13, 2015; KRW 3,000 on August 11, 2015; KRW 3,000,00 on April 6, 2015; KRW 3,00. 1,00 on April 3, 2015; KRW 1,000; KRW 5,00 on April 8, 2016; KRW 1,000 on May 3, 201, 205; KRW 203,00 on April 1, 2015; and KRW 203,00 on September 15, 2014;

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