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(영문) 의정부지방법원 고양지원 2017.01.20 2015가단7193

손해배상(기)

Text

1. Defendant C’s KRW 75,00,000 and the Plaintiff’s annual rate of KRW 5% from May 30, 2013 to January 20, 2017.

Reasons

1. Basic facts

A. Defendant C related to the parties is a brokerage assistant belonging to the office of “E Licensed Real Estate Agent” located in the office of “E Licensed Real Estate Agent” located in Ilyang-dong, Busan Metropolitan City, and Defendant B is a licensed real estate agent who operated E Licensed Real Estate Agent from December 2, 2011.

B. Around August 27, 2009, the Plaintiff purchased KRW 97,000,00,00 as the broker of the E Licensed Real Estate Agent Office to which Defendant C belongs (the licensed real estate agent, who had been operating the said office at the time, was Nonparty F) from Japan-dong, Busan-gu D Building 1126 (hereinafter “instant real estate”).

(2) After the Plaintiff’s delegation on November 9, 2009, Defendant C leased the instant real estate to Nonparty G with a deposit of KRW 5,00,000, monthly rent of KRW 600,000, and the lease period from November 9, 2009 to November 8, 2010. On January 22, 2010, Defendant C leased the instant real estate to Nonparty C with a deposit and rent of KRW 10,000,00 for the same amount as from January 25, 2010 to January 24, 2011. On the other hand, on September 20, 201, the lease period from September 20, 201 to October 21, 2015, the Plaintiff leased the said real estate to Nonparty G with the same amount as the deposit and the lease period from September 21, 2010 to September 21, 2015, respectively.

C. Around May 8, 2012, Defendant C entered into the instant lease agreement with Nonparty C, without rent, set a deposit amount of KRW 90,000,000 with respect to the instant real estate (hereinafter “instant lease agreement”), and around May 16, 2016, the remainder of KRW 85,00,000,000, which shall be returned to the previous lessee, was deducted from the deposit amount of the said lease agreement.

Defendant C’s partial repayment on May 17, 2012