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(영문) 창원지방법원통영지원 2017.12.26 2016가단25033
보증금반환
Text

1. The Plaintiff:

A. Defendant B shall be KRW 62,00,000 and the interest rate of KRW 15% per annum from October 23, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 6, 2015, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant B, with the brokerage of Defendant C and Defendant D, set forth 201 of the multi-family house with the fourth floor E on the ground (hereinafter “instant house”) owned by Defendant B from Defendant B as the lease deposit amount of KRW 62,00,000, and the lease term of KRW 62,000,000, from September 6, 2015 to September 5, 2017 (hereinafter “instant lease agreement”), and thereafter, the said lease deposit was paid to Defendant B.

B. Upon entering into a mutual aid agreement between Defendant C and Defendant D with the Korean Licensed Real Estate Agent Association, Defendant C is a licensed real estate agent conducting real estate brokerage business under the trade name of “F Licensed Real Estate Agent Office” and entered into a mutual aid agreement between Defendant D and the Korea Licensed Real Estate Agent Association to guarantee that Defendant C’s Real Estate Agent Association guarantees liability for damages incurred to the parties to a transaction in connection with Defendant C’s intermediary conduct during the mutual aid period from July 1, 2015 to June 30, 2016. Defendant D is a licensed real estate agent conducting real estate brokerage business under the trade name of “G Licensed Real Estate Agent Office” and the Korea Licensed Real Estate Agent Association, and concluded a mutual aid agreement between Defendant D and the Korea Licensed Real Estate Agent Association to guarantee liability for damages incurred to the parties to a transaction in connection with Defendant D’s intermediary conduct by setting the amount of mutual aid between Defendant D and July 15, 2015 to July 14, 2016.

(hereinafter “each of the instant mutual aid agreements”)

The instant housing and its site had been established prior to the conclusion of the instant lease contract with the maximum debt amount of 299,00,000 won and 72,000,000 won under the title of the Common Livestock Cooperatives.

In addition, the lease relationship of the house of this case is as listed in the following table.

Plaintiff 201, Sept. 14, 2015, 201, Plaintiff 101, Sept. 7, 2015, 2015, as of February 1, 2016, H, KRW 102,00,00,000 on the fixed date lease deposit for the transfer of the lessee of the family room, as of February 1, 2016, as of September 1, 2015, KRW 102,00,000 on September 14, 2015.

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