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(영문) 창원지방법원통영지원 2017.11.30 2016가단26074
임대차보증금
Text

1. The Plaintiff:

A. Defendant B’s KRW 130,000,000 as well as 5% per annum from December 9, 2016 to November 30, 2017;

Reasons

Basic Facts

On November 16, 2014, the Plaintiff leased (hereinafter “instant lease contract”) 401 out of the multi-family houses of 4th floor D’s ground (hereinafter “instant house”) owned by Defendant C as the broker of Defendant C, setting the lease deposit of KRW 130,00,000, and the term of lease from December 16, 2014 to December 16, 2016 (hereinafter “instant lease contract”), and around that time, paid the said lease deposit to Defendant B.

On July 15, 2014, Defendant C concluded a mutual aid agreement with the Defendant Association of Licensed Real Estate Agents (hereinafter “Defendant Association”) to guarantee the Defendant Association’s property liability for damages incurred to the parties to a transaction in connection with Defendant C’s intermediary conduct by setting the deductible amount of KRW 100,00,000, and the period of mutual aid from July 22, 2014 to July 21, 2015 (hereinafter “instant mutual aid agreement”).

Before entering into the instant lease agreement, the maximum debt amount of 520,000,000 won, which is the mortgagee, was already set up prior to the conclusion of the instant lease agreement.

(Y) On the other hand, the lease relationship with respect to the instant housing is as listed below. The key text is the tenant having priority, and the total sum of the lease deposit is KRW 298,00,000,000.

The amount of deposit for lease on April 22, 2015, the fixed date of which is 201 F (G) 201 F (G) 15 million won on May 1, 2015 (the smallest amount of deposit) H 202 H August 14, 2014, 203 I KRW 203.5 million on July 3, 2015, 30,000,000 on July 3, 2015, 203: KRW 3.4.5 million on July 3, 2015; KRW 4.4.5 million on August 18, 2014; KRW 1.5 million on August 3, 2014; KRW 1.5 million on August 4, 2015; KRW 300,000,000 on August 5, 2014; and KRW 1.5 million on August 305, 2015.

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