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(영문) 서울중앙지방법원 2016.08.12 2015가합9207

임차보증금등

Text

1. The Defendants jointly share KRW 73,530,046 with respect to the Plaintiff and the period from June 16, 2016 to August 12, 2016.

Reasons

1. Facts of recognition;

A. The Defendant Association concluded a mutual aid agreement (hereinafter “mutual aid agreement”) with Defendant B, a licensed real estate agent conducting real estate brokerage business under the trade name of D Licensed Real Estate Agent Office “D Licensed Real Estate Agent Office” during the mutual aid period (from July 4, 2012 to July 3, 2013) where Defendant B caused property damage to a transaction party due to intention or negligence in mediating real estate transactions, the Defendant Association entered into a mutual aid agreement (hereinafter “mutual aid agreement”) with the content that compensates for the damage within the limit of the amount of mutual aid subscription (10 million won).

B. On October 10, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the condition that the whole three floors of the F-ground multi-family houses owned by E and E (hereinafter “instant building”) are to be leased with the term from November 9, 2012 to November 8, 2014 (hereinafter “instant lease agreement”), and thereafter, paid the said lease deposit to E around that time.

On the other hand, Defendant B’s signature and seal is affixed to the broker column of the instant lease agreement.

C. At the time of the conclusion of the instant lease agreement, the instant building was established with the maximum debt amount of KRW 630 million, and the B, H, I, and J, an agricultural cooperative, which was the person holding the right to collateral security, as well as prior lessee G, H, I, and J. In addition, Defendant B did not explain the terms of the said prior lessee’s lease agreement, with the exception of recommending the Plaintiff to obtain a fixed date. Defendant B did not explain the contents of the said prior lessee’s lease. In addition, the confirmation and explanatory note of the object of collateral that was delivered by Defendant B to the Plaintiff is only indicated as to the said collateral security, and the right matters of the object that was not

706,670,547 won G 45 million won, H 75 million won, H 75 million won, J 75 million won, and J 750,00 won, to be actually distributed on the date of distribution on June 16, 2016, which was commenced on January 12, 2015 with respect to the instant building and its site.