손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
The defendant is co-defendant C and D in the first instance trial.
1. Basic facts
A. The relationship 1) Parties are co-defendant D, E (hereinafter “D” and “E” in the first instance trial.
(C) As a licensed real estate agent, the co-defendant C of the first instance trial on the licensed real estate agent’s license (hereinafter “C”).
A) A person leased to D. The Defendant is a mutual aid business entity that entered into a mutual aid agreement (hereinafter “each of the instant mutual aid agreements”) with D to compensate for property damage caused to a transaction party by intention or negligence during the period of mutual aid between D and D from December 2, 2014 to December 1, 2015. From June 8, 2018 to June 7, 2019, the Defendant is a mutual aid business entity that entered into a mutual aid agreement with D to compensate for property damage within KRW 100 million (hereinafter “each of the instant mutual aid agreements”). 2) A is a mutual aid business entity that entered into a mutual aid agreement with D with D with a licensed real estate agent’s license lent from Busan-gu Busan Metropolitan Government, Busan Licensed Real Estate Agent’s license leased from E, and around June 25, 2018 with a licensed real estate agent’s license leased from E. < Amended by Presidential Decree No. 27702, Jun. 25, 2018>
3) The Plaintiff shall be referred to as “instant real estate” as follows, F, Busan Jho-gu, Busan, and Jho-ho (hereinafter “instant real estate”).
B. (B) On June 25, 2015, the Plaintiff entered the lease contract as KRW 30 million with respect to the instant real estate owned by K under the intermediation of C on June 25, 2015, and the Plaintiff and C indicated the lease deposit as KRW 40 million under the real estate lease contract (Evidence A 1). However, the actual lease deposit is KRW 30 million;
A lease agreement was concluded between June 25, 2015 and June 24, 2016 (hereinafter “instant lease agreement”) with a monthly rent of KRW 400,00 (the foregoing lease deposit and monthly rent shall be deposited into the account under D’s name), and the lease agreement was concluded between June 25, 2015 and June 24, 2016 (12 months).
2) On June 24, 2015 and June 25, 2015, the Plaintiff paid 30 million won of the above deposit to the account held in D’s name. 3) On June 25, 2018, the Plaintiff paid 40 million won of the lease deposit under C’s brokerage (Evidence 2) on June 25, 2018.