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(영문) 대전지방법원 2019.04.18 2018가단203941

손해배상(기)

Text

1. The plaintiff A:

A. Defendant C shall pay KRW 60,758,969 and a rate of 15% per annum from March 1, 2018 to the date of complete payment.

Reasons

1. The part of the claim against the defendant C and E

(a) Description of claims: To describe the cause of claims and the changed cause of claims as shown in the annex;

(b) Judgment made by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. The part of the claim against the defendant D or F Association

A. (1) On March 10, 2015, Defendant C purchased I Housing Jho-ho (hereinafter “instant H”) and K (hereinafter “instant K”) located in Seo-gu Daejeon, Seo-gu, Daejeon, and completed each registration of ownership transfer on May 7, 2015.

(2) On September 23, 2015, Plaintiff A entered into a lease agreement with Defendant C as the broker of Defendant D, a licensed real estate agent, with respect to the instant subparagraph, with respect to the lease deposit amounting to KRW 90 million, and the lease term from November 20, 2015 to November 19, 2017.

(3) On February 26, 2016, Plaintiff B entered into a lease agreement with Defendant C as the broker of Defendant E, a licensed real estate agent, with respect to the instant subparagraph, with respect to the lease deposit amounting to KRW 80 million, and the lease term from March 27, 2016 to March 26, 2018.

(4) On October 16, 2013, prior to the conclusion of each of the above lease agreements, J and H set forth 15 units of I-house, including the instant J and K, as joint collateral, and the joint collateral security was established, for the mortgagee L Bank, the maximum debt amount of which is 897,600,000.

(5) When Defendant E entered into the above lease agreement, Defendant E issued to Plaintiff B a description verifying the object of brokerage indicating that the joint collateral mortgage was established with respect to the instant subparagraph, and the amount of each household security was KRW 50 million.

However, when Defendant D entered into the above lease agreement, it did not deliver to Plaintiff A a description of confirmation of the object of brokerage as to this case’s J.

(6) On April 17, 2017, at the request of L Bank, a joint collateral mortgage, the decision to commence voluntary auction was rendered on April 17, 2017 with regard to 15 households, including the instant J and K.

In the auction procedure, the plaintiff A received a dividend of KRW 29,241,031, but the plaintiff B was excluded from the dividend.

(7) Defendant.