손해배상(기)
1. Defendant B and C: KRW 13,400,00 for each Plaintiff and KRW 5% per annum from September 10, 2013 to April 22, 2016.
1. Facts of recognition;
A. Defendant B, as a licensed real estate agent, jointly operated the authorized brokerage business with the trade name “F real estate” in Defendant C and Mapo-gu Seoul.
B. On December 2012, G demanded the Plaintiff to lend KRW 100 million by presenting a lessor I, lessee G, lease deposit amounting to KRW 250 million, lease contract from November 20, 2012 to November 19, 2014 (hereinafter “instant lease contract”) with respect to H apartment 113 Dong 1201, Yongsan-gu, Seoul (hereinafter “instant real estate”).
C. On December 22, 2012, before lending money to G, the Plaintiff directly visited H apartment 113 Dong 1201, Yongsan-gu, Seoul, which is the domicile of the instant apartment, to verify whether G is living.
After that, on December 24, 2012, the Plaintiff entered into a monetary loan agreement with G on June 21, 2013, setting the interest rate of 30% per annum and lending KRW 100 million per annum. G prepared and sent to the Plaintiff a notarial deed of a monetary loan agreement on the same day, and sent a notice of transfer to I.
E. Thereafter, the Plaintiff transferred to G the total sum of KRW 20 million on December 24, 2012, and KRW 100 million on December 26, 2012 to G, respectively, to G account in the name of G.
F. After that, G paid a total of KRW 33 million to the Plaintiff from February 23, 2013 to July 9, 2013.
G. G was prosecuted by the Seoul Southern District Court (2014Da3730) on Nov. 20, 2014 and was sentenced to eight months by imprisonment with prison labor from the above court on Nov. 20, 2014, and thereafter by the appellate court, the case was consolidated in the appellate court.