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(영문) 창원지방법원통영지원 2017.12.26 2016가단25644
임대차보증금반환
Text

1. The Plaintiff:

A. Defendant B’s KRW 55,00,000 and interest rate of KRW 15% per annum from November 9, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 29, 2014, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant B, with the mediation of Defendant C, set forth 203 units of the multi-family house on the fourth floor D’s multi-family house owned by Defendant B (hereinafter “instant house”) as the lease deposit amount of KRW 55,00,000, and the lease term of November 21, 2014 from November 21, 2014 to November 21, 2016 (hereinafter “instant lease agreement”), and around that time, the said lease deposit was paid to Defendant B.

B. The Defendant C entered into a mutual aid agreement between the Defendant C and the Defendant Korean Licensed Real Estate Agent Association, which is a licensed real estate agent conducting real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office”, and entered into a mutual aid agreement between the Defendant Korea Licensed Real Estate Agent Association and the parties to a transaction in connection with the Defendant C’s brokerage (hereinafter “instant mutual aid agreement”) to guarantee liability for damages incurred to the parties to the transaction in connection with the Defendant C’s brokerage between February 28, 2014 and February 27, 2015.

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 of 101 F. 101 F. 4. 4. 201 March 2013, 2013; KRW 10,00,00 G 102 on December 21, 2015; H 201: 3. 11. 5,00,000,000 on August 13, 2015; KRW 20. 3. 1. 05,00 on April 6, 2015; KRW 1. 3. 1. 1. 4,00 on July 4, 2016; KRW 5,00 on May 3, 2015; KRW 1. 1,000 on May 3, 201, 2005; KRW 1,000 on July 1, 2016; and

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