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(영문) 부산지방법원 2017.09.20 2015가합918

공제금지급

Text

1. The Defendant’s KRW 92,80,000 as well as 20% per annum from February 3, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Relevant parties 1) The Plaintiff is each partitioned building listed in the separate sheet (hereinafter “each of the rooms of this case”) and the individual building is specified as a heading room.

The Defendant is the owner of a real estate. The Defendant is an organization established with a licensed real estate agent as its member and is engaged in a mutual aid project to guarantee the transaction party’s liability for damages arising from the transaction party’s damage compensation in the course of performing the real estate brokerage business. 2) A licensed real estate agent B operates the C-real estate brokerage office from June 22, 2004 to enter into a mutual aid agreement with the Defendant and renewal of the mutual aid agreement with the amount of KRW 100 million. A licensed real estate agent D, while operating the E-licensed real estate agent office, has entered into and renewed a mutual aid agreement with the Defendant for one-year insurance coverage period from December 22, 2005 to December 26, 2012 (hereinafter collectively referred to as “instant mutual aid agreement”). F is a broker employed by B and D (hereinafter referred to as “instant mutual aid agreement”).

B. 1) The Plaintiff delegated F with the authority to conclude the lease agreement of each of the instant studio (810, 1011, and 110) to F, a broker assistant. 2) On behalf of the Plaintiff, F, on November 11, 2009, entered into a lease agreement with G and the instant studio 810,000 won, monthly rent of KRW 30,000 won, monthly rent of KRW 150,000,000,000 from November 15, 2009 to November 14, 2010 (hereinafter “the instant 1 lease agreement”), and received KRW 30,000,000 from lessee G.

However, F, as delegated by the Plaintiff, concluded a lease agreement of KRW 3 million, monthly rent of KRW 500,000,000 as if it were false, and F, by delivering only KRW 3 million as a security deposit to the Plaintiff, thereby acquiring the difference of KRW 27 million (=30 million - three million).

3 F is a broker assistant for a licensed real estate agent B on behalf of the Plaintiff, and the H on May 23, 201 and the studio 1011 of the instant case are deposited 5.