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(영문) 대전지방법원천안지원 2020.02.12 2019가단112614
보증금반환
Text

1. The Defendants jointly delivered real estate stated in the separate sheet from the Plaintiff, and simultaneously filed with the Plaintiff 5.

Reasons

1. Determination as to the cause of claim

A. Fact 1) Defendant B is the real estate listed in the separate sheet (hereinafter “instant real estate”).

Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) on July 3, 2017, as the owner of the company.

(2) On August 3, 2017, the Plaintiff: (a) delegated all matters related to the lease of the instant real estate to the Defendant Company represented by Defendant B, including the duties related to the lease of the instant real estate; (b) payment of rent for the guarantee period; (c) receipt and management of rent for the lease deposit; (d) lessee color and selection; and (e) management of the lease agreement; and (e) concluded a lease agreement with the Plaintiff to lease the instant real estate from Defendant B during the period from August 5, 2017 to August 4, 2018 (hereinafter “instant lease agreement”).

At the time of the instant lease agreement, the Defendant Company agreed to be liable for the return of deposit to the Plaintiff.

3) The Plaintiff paid a deposit of KRW 50 million to receive the instant real estate, and paid the instant rent by September 4, 2018. (4) The instant lease agreement was terminated as of the date of termination.

[Reasons for Recognition] Unsatisfy, Gap 1-5, 8 (including virtual numbers), the purport of the whole pleadings

B. According to the above facts, the Plaintiff concluded the instant lease agreement with the Defendant Company, which was authorized to act on behalf of the Defendant B upon delegation of all matters related to the lease of the instant real estate from the Defendant B, and the instant lease agreement between the Plaintiff and the Defendant was effective.

Since the instant lease contract was terminated, Defendant B, as a lessor, was jointly and severally agreed to the return of the deposit amount, deducted the amount of unlawful gains equivalent to the unpaid rent or rent, calculated at the rate of KRW 50 million from September 5, 2018 to September 80, 2018, from which the said real estate was delivered to the Plaintiff.

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