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(영문) 서울중앙지방법원 2017.05.11 2016가단5234152

기타(금전)

Text

1. The Defendant’s KRW 108,000,000, and the annual interest thereon, from October 1, 2016 to May 11, 2017, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. (1) The status of the parties, etc. (1) B, as a licensed real estate agent, operated the “C Licensed Real Estate Agent Office” (hereinafter “C Real Estate”), D worked as a brokerage assistant for C Real Estate, and the network E operated “F Real Estate” as a licensed real estate agent, and G worked as a brokerage assistant from F Real Estate.

(2) The Defendant entered into a mutual aid agreement between B and network E with the content that the Defendant would compensate the broker for the damages caused by the broker’s intentional or negligent loss on the part of the broker’s conduct, respectively, to the extent of KRW 100 million.

B. (1) In order to seek a new complex, the Plaintiff: (a) requested G, a broker assistant of F real estate, through her mother, to act as a broker of F real estate through H; (b) G entered into a sales contract through D of C real estate; and (c) heard that, after entering into the sales contract, Non-Dong 302 (hereinafter “instant building”) of Dongdaemun-gu Seoul Metropolitan Government I building Non-dong 302 (hereinafter “instant building”), the instant building was introduced to the Plaintiff.

(2) Accordingly, on August 31, 201, H concluded, on behalf of the Plaintiff, a lease agreement with J, the purchaser of the instant building, to pay the lease deposit of KRW 135 million from October 20, 201 to October 19, 201, and the down payment of KRW 15 million on the same day and the intermediate payment of KRW 35 million on September 6, 201 (hereinafter “instant lease agreement”).

(3) At the time of the instant lease agreement, K was the owner of the instant building, and the J purchased it and did not complete the registration of ownership transfer, leased the instant lease agreement as it is on the premise of the terms and conditions of the said lease agreement, and the J purchased K’s house and registered after September 7, 201.