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(영문) 인천지방법원부천지원 2016.09.01 2015가단29307

손해배상금

Text

1. The Plaintiff:

A. Defendant B: 105,000,000;

B. The defendant Korean Licensed Real Estate Agent Association is jointly with defendant B.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent who is engaged in the real estate brokerage business under the trade name of C Licensed Real Estate Agents, and is the husband of D, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) carries out a mutual aid project to guarantee the liability of the practicing licensed real estate agent for damages.

B. On September 12, 2007, Defendant B entered into a mutual aid agreement with the Defendant Association for compensation limit of KRW 50 million, and the period of mutual aid from September 12, 2007 to September 11, 2008 (hereinafter “instant mutual aid agreement”). The instant mutual aid agreement was renewed annually, and the compensation limit was increased from September 12, 2009 to KRW 100 million.

C. On March 208, 2008, D entered into a lease agreement between Defendant B and E with respect to F apartment Nos. 1213, 304 (hereinafter “instant apartment”) owned by E, the lease deposit amount of KRW 50 million and KRW 700,000 per month, and leased the instant apartment.

D Although it was not delegated with the authority to conclude the lease agreement of the instant apartment, D, under the name of E, deceiving the Plaintiff as if he was delegated with the authority to conclude the lease agreement of the instant apartment, entered into the lease agreement with the Plaintiff on March 22, 2008 under the brokerage of Defendant B (hereinafter “instant lease agreement”) with the Plaintiff, and was paid KRW 100 million as the lease deposit from the Plaintiff on April 15, 2008.

E. Since then D had increased the lease deposit to KRW 20 million on April 15, 2010 under the instant lease agreement, and KRW 20 million on the increased amount to KRW 150 million on April 14, 2014, and paid KRW 30 million from each Plaintiff.

F. D was indicted for fraud, etc. by the Incheon District Court 2016Ra1 and convicted due to the act of deception.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 4 (including paper numbers) and the purport of the whole pleadings.