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(영문) 인천지방법원 2019.05.23 2018가단233616

손해배상 등

Text

1. The Plaintiff:

A. Defendant B’s KRW 60,000,000 and for this, KRW 5% per annum from March 19, 2018 to May 23, 2019.

Reasons

1. Basic facts

A. The relationship 1) Defendant B’s relationship with the parties: (a) obtained a license certificate of licensed real estate agents and a registration certificate of a brokerage office from Defendant C, a licensed real estate agent; and (b) between October 17, 2007 and June 21, 2018, Jung-gu Incheon Etel’s office “G Licensed Real Estate Agent Office” in subparagraph f (hereinafter “instant office”).

2) Defendant D Association (hereinafter “Defendant Association”) concluded a mutual aid agreement between Defendant C and Defendant C, setting the period of mutual aid from October 17, 2017 to October 16, 2018, in which case Defendant C caused property damage to a transaction party by intention or negligence in performing real estate brokerage as stipulated in the Licensed Real Estate Agents Act, the mutual aid agreement between Defendant C and the transaction party to compensate for it within KRW 100 million.

B. (1) Defendant B visited the instant office to rent an officetel on March 14, 2018, and Defendant B’s building H of the Jung-gu Incheon Building E (hereinafter “instant real estate”) (hereinafter “instant real estate”) to the Plaintiff.

(2) On August 3, 2016, the Plaintiff concluded a lease agreement with Defendant B on the same day with respect to the instant real estate, with the deposit amount of KRW 60 million (hereinafter “the lease agreement of this case”), and paid the down payment of KRW 15 million on the same day, and the remainder of KRW 45 million on March 19, 2018, respectively.

3) On the other hand, the pre-paid contract prepared at the time includes Defendant C as a broker, but there is no fact that Defendant C actually acted as a broker. C. Criminal case 1) Defendant C lent the qualification certificate of licensed real estate agent to Defendant B, and Defendant B lent it to Defendant B.

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