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(영문) 창원지방법원 2020.10.22 2019나66009
임대차보증금
Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Basic facts

A. The Defendant is the owner of the Sungwon-si C Officetel D (hereinafter “instant officetel”), and E is the person who operated the office of “G Licensed Real Estate Agent” in the above C Office F.

B. On December 2, 2017, E received request from the Defendant, the owner of the instant officetel for the brokerage of a lease contract with a deposit of KRW 5 million and monthly rent of KRW 400,000,000,000 from the Defendant, but, on December 2, 2017, at the G Licensed Real Estate Agent Office, he/she made a false statement as if he/she received a request from the Plaintiff for the brokerage of a lease contract with a deposit of KRW 25 million and monthly rent of KRW 25,00,000,000, monthly rent of KRW 25,000,000, monthly rent of KRW 2,000, and from December 2, 2017 to December 1, 2018 (hereinafter “instant lease contract”).

The special agreement stated that “monthly is deposited in the account designated by the lessor (one bank: H deposit account: B) on the designated date of each month,” and that “I” was written in the Defendant’s telephone number column, which is the lessor, instead of the Defendant’s telephone number.

C. On December 16, 2017, the Plaintiff’s father J transferred KRW 2,538,000,000,000 to the bank account under the said lease agreement, around 16:54, 200,000,000,000,000,000 won for the first month, and KRW 2,538,00,000,000 for brokerage commission.

On the other hand, on December 3, 2017, J contacted with the Defendant’s telephone number stated in the above lease agreement, and K, an accomplice of E, took part in the crime of E by receiving the above phone and driving for the Defendant and learning the J.

E on December 2, 2017, the Defendant entered into a lease agreement consisting of KRW 5 million and monthly rent of KRW 400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

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