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(영문) 수원지방법원성남지원 2019.01.23 2017가단206969
임대차보증금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant C shall pay KRW 50,000,000 and interest thereon from September 13, 2017 to the day of full payment.

Reasons

The following shall be deemed together with the principal lawsuit and counterclaim.

1. Basic facts

A. Defendant D, a practicing licensed real estate agent, concluded a mutual aid agreement with Defendant E Association (hereinafter referred to as “Defendant Association”) for a period of mutual aid between November 30, 2014 and November 29, 2015 in order to guarantee liability for damages incurred when property damage was inflicted upon the parties to a transaction by brokerage.

B. Defendant D received three million won each year from the early December 2013, and Defendant C lent a licensed real estate agent’s license to Defendant C, and reported Defendant C as his/her brokerage assistant. Defendant C operated “G Licensed Real Estate Agent” from December 12, 2013 to March 8, 2016 from Sungnam-si, Sungnam-si.

C. Defendant B, through H, as the owner of the instant housing, requested Defendant C to lease the instant housing in a deposit of KRW 10 million and KRW 370,000 per month. D.

On June 16, 2015, Defendant C prepared and delivered a lease contract under the name of Defendant B (hereinafter “instant lease contract”) by deceiving the Plaintiff as “Defendant B leases the instant house to the Plaintiff with a deposit deposit of KRW 50 million, and the period from July 5, 2015 to July 5, 2017,” and received respectively payment from the Plaintiff on the direct deposit of KRW 4 million on June 16, 2015, and the remainder of KRW 46 million on July 5, 2015.

E. On October 3, 2015, Defendant C prepared and delivered to Defendant B a false lease agreement with Defendant B, “The instant housing was leased to Defendant B, who is without permission, as of October 3, 2015, with a deposit of KRW 10 million, monthly rent of KRW 370,000,000,000 from October 3, 2015 to October 3, 2017.” The direct payment of deposit of KRW 10,000,000,000, and the monthly rent of KRW 10,000,000,000, was pretended to have been paid.

F. Defendant C is above D.

As stated in paragraph (1), the Act, such as forging the instant lease contract, provides money from many victims including the Plaintiff at that time.

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