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(영문) 인천지방법원부천지원 2016.11.30 2016가단101268
보증금반환
Text

1. Defendant D shall pay 80,000,000 won to the Plaintiff and 15% per annum from February 3, 2016 to the day of full payment.

Reasons

1. Basic facts

A. Defendant B is the owner of the F apartment Nos. 1336 and 105 (hereinafter “instant apartment”), Defendant C is a licensed real estate agent operating real estate brokerage business under the trade name of “H real estate” from Y in Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, and Defendant D is the wife of Defendant C, and was the broker assistant of the said Defendant C.

B. Defendant B intended to lease the instant apartment through Defendant D to another person, thereby requesting brokerage.

On August 7, 2010, 2010,000 won of the instant apartment on September 30, 2010 to September 30, 2012.

Defendant D notified Defendant B that it entered into a lease agreement with Defendant E (hereinafter “rental agreement”) as follows:

On the other hand, Defendant D prepared and delivered the following lease agreement to the Plaintiff:

hereinafter referred to as "lease Agreement on September 11, 2010".

(2) On September 11, 2010, Plaintiff 200,000,000 won of the instant apartment on September 18, 2010, from September 18, 2010 to September 18, 2012.

At the time of the conclusion of the above contract, Defendant D only prepared and delivered a lease agreement different from the Plaintiff and Defendant B, as seen above, while the Plaintiff and Defendant B failed to reach an agreement on the terms and conditions of the contract, and the Plaintiff received the lease deposit directly from the Plaintiff, and Defendant B also acted, such as directly paying the lease deposit and the rent.

Ultimately, Defendant D was convicted and convicted of a crime committed by obtaining KRW 80,00,000 from the Plaintiff as a security deposit by preparing and delivering the lease contract from September 11, 2010 without Defendant B’s delegation.

F. On September 20, 2010, the Plaintiff transferred the address to the apartment of this case and obtained a fixed date from the Dong office.

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