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(영문) 창원지방법원마산지원 2016.06.01 2016가단892

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B shall be KRW 117,00,000 and the interest rate of KRW 15% per annum from February 12, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B, a licensed real estate agent operating the “D Licensed Real Estate Agent Office” under subparagraph 101 of Article 101 of the Masan-si, Changwon-si, Changwon-si, and entered into a lease agreement with Nonparty E on December 29, 2014 with the authority to lease and to receive lease deposit for the F Multi-Family Housing in Changwon-si, Changwon-si, the said multi-family house at the said office on or around December 29, 2014, with respect to subparagraph 201 of the said multi-family house at the said office, the lease agreement with the lessor “G”, the lessee “I”, the lessee’s deposit, and the lease deposit amount of KRW 60 million with respect to subparagraph 202 of the said multi-family house.

B. Around January 20, 2015, Defendant B received each remittance of the name of the lease deposit from lessee I from lessee I, and around January 31, 2015, KRW 57 million from lessee H as the lease deposit and kept in custody for E for business purposes from January 20, 2015 while he/she received each remittance of the amount of KRW 60 million from lessee H as the lease deposit.

2. Until January 2, 200, an aggregate of KRW 117 million was embezzled from a casino in Gangwon-do, Seowon-gun, Seowon-gun, Seowon-gun, Gangwon-do, by using gambling funds, etc. in entirety.

(hereinafter “instant embezzlement”). C.

The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B on March 5, 2014, on which the mutual aid agreement between Defendant B and Defendant B, which imposes liability for damage to the property of a transaction party caused intentionally or by negligence in conducting real estate brokerage, was set as KRW 100 million within the mutual aid agreement between March 5, 2014 and March 4, 2015.

On February 6, 2015, the Plaintiff agreed to pay the sum of KRW 117 million in installments over ten times by December 30, 2015 between E and E.

E. On December 2015, E transferred the right to claim damages against the Defendants pursuant to the embezzlement of this case to the Plaintiff, and around December 28, 2015, E transferred the said right to the Defendants.