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(영문) 부산고등법원 2017.09.27 2016나58393
전대보증금반환
Text

1. The Defendants in the judgment of the first instance, including the conjunctive claim that the Plaintiff added to Defendant C at the trial.

Reasons

Basic Facts

In this part, the reasons for this court's entry are as follows: ① deleted the part of "Defendant D and E's brokerage" of No. 4 of the first instance court's decision; ② Beginning the part of "D." of No. 6, not more than 2 as follows, it is identical to the part of "1. Basic Facts" of the first instance court's decision; thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act. The part which is timely red shall be filled.

D. 1) After concluding a sub-lease contract between the Plaintiff and the Plaintiff, the Plaintiff entered into a premium contract with Defendant C, as seen above, and thereafter, the Plaintiff entered into a contract with B on September 22, 2014, and KRW 200 million (hereinafter “the instant pre-lease deposit”).

(2) The sub-lease contract of this case (hereinafter referred to as the "sub-lease contract of this case") is the same as the sub-lease contract.

The conclusion of the premium contract of this case is as follows. ① After the conclusion of the premium contract of this case, Defendant E entered into the instant sub-lease contract with Defendant B on September 22, 2014. ② Accordingly, the Plaintiff, Defendant C, and E entered the office of B to conclude the sub-lease contract of September 22, 2014. ② However, the Plaintiff, Defendant C, and E entered the sub-lease contract with the Plaintiff into the office of B in order to enter into the sub-lease contract of September 22, 2014. ② However, the Plaintiff entered into the sub-lease contract of this case with Defendant C, E, and the sub-lease contract with the Plaintiff was entered into with the Plaintiff, and Defendant C and E did not particularly enter into a sub-lease contract with the Plaintiff. ③ In the absence of Defendant E, a intermediary assistant, the Plaintiff entered into the instant sub-lease contract of this case with B, and accordingly, the sub-lease contract of this case is an official column.

④ On the other hand, the sub-lease contract of this case between Defendant C and B was originally set at KRW 150 million per deposit and KRW 2 million per month, but the sub-lease contract of this case was set at KRW 200 million in lieu of raising the deposit amount as KRW 200 million.

Such sub-leases are also made by direct negotiations with the Plaintiff, and Defendant E, a brokerage assistant, participate in such negotiations.

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