(영문) 수원지방법원 2020.06.04 2019가단537916

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(영문) 수원지방법원 2020.06.04 2019가단537916

임대차보증금

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1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On January 30, 2016, the Defendant purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from C Co., Ltd., and completed the registration of ownership transfer on June 15, 2016 under the name of the Defendant.

On January 30, 2016, the Defendant entered into a business consignment agreement (hereinafter “instant consignment agreement”) with D Co., Ltd. (hereinafter “Nonindicted Company”) as follows:

[Entrustment Contract of this case] The non-party company and the owner of the building and land of this subject matter enter into a business entrustment contract as follows.

Article 1 [Purpose]

1. The defendant shall entrust the non-party company with the business of the real estate in this case.

2. The term "entrusted business" means all of the lease-related affairs for the defendant, such as lease-related affairs, payment of rent for the period of lease guarantee, receipt and management of lease deposit money, lessee's physical color and selection, publicity of lease, management of lease contracts, and other affairs related to lease for the defendant;

Article 2 [Name] The entrusted business shall be exercised in the name of the defendant.

Special agreement - The defendant concludes this business consignment agreement separate from the sales contract, and concludes this agreement with the recognition that the non-party company carries out the business of public relations of lease, tenant color and selection, deposit money and management, issuance of lease contract, etc.

- The non-party company shall pay 700,000 won per month to the defendant a deposit amount of KRW 10,000 per month with the guarantee money for the entrustment.

- If the non-party company enters into a lease agreement with a lessee, the amount of the above security may vary.

The defendant's "2015" out of the date on which the power of attorney (Evidence A2) was prepared on January 30, 2016 shall be deemed to be a clerical error in the year 2016.

The delegating person himself/herself shall lease the real estate in this case to the non-party company.

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