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(영문) 서울중앙지방법원 2017.06.16 2014가합591631

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is the owner of the Gu-si Multi-household Housing (hereinafter “instant building”) and leased 15 households located in the instant building.

On June 18, 2012, the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B, a licensed real estate agent, for the mutual aid period of KRW 100,000,000, and for the mutual aid period from June 18, 2012 to June 17, 2013.

As the plaintiff is aged and residing in Seoul, while operating a licensed real estate agent office in the vicinity of the building of this case, Defendant B, who arranged a number of lease contracts, entrusted the plaintiff's seal and affixed the plaintiff's seal on behalf of the plaintiff at the time of concluding the lease contract.

Of the instant building under the name of the Plaintiff and D, KRW 104 (hereinafter referred to as “No. 104”) was prepared on March 4, 2013 in two copies of the lease agreement.

Among them, Chapter 1 lease contract (hereinafter referred to as the "first contract of this case") provides that D shall rent subparagraph 104 from the Plaintiff as security deposit of KRW 3,000,000, monthly rent of KRW 300,000, and lease period of KRW 100,000 from March 10, 2013 to February 10, 2015, and the rest of Chapter 1 lease contract of this case is "the second contract of this case" of this case.

(D) The term of the Plaintiff’s lease of KRW 104 from the Plaintiff as deposit 40,00,000, and the term of the lease from March 10, 2013 to February 10, 2015. The Plaintiff was holding the instant first contract, and D obtained a fixed date while possessing the instant second contract. [In the absence of any dispute over the grounds for recognition, the Plaintiff was granted a fixed date.] The Plaintiff was written in the form of the instant contract, and the purport of the entire pleadings, as a whole, as indicated in the evidence No. 1-3, evidence No. 2-4, and evidence No. 6-3

2. The gist of the Plaintiff’s assertion is that Defendant B, on behalf of the Plaintiff, entered into a lease agreement as described in the instant contract with D on behalf of the Plaintiff, and, after delivering the instant contract to the Plaintiff, deceiving the Plaintiff by means of deceiving the Plaintiff only KRW 1,845,00, which deducts KRW 1,155,000 from the amount of brokerage commission, from the amount of KRW 3,000.