손해배상(기)
1. The Plaintiff:
A. Defendant B shall be KRW 5 million and 15% per annum from November 25, 2016 to the date of complete payment.
1. A mutual aid contract of this case
1. Where a subscriber to the details of compensation has caused property damage to a transaction party by intention or negligence in conducting real estate brokerage, the compensation shall be made within the limit of the amount subscribed to by the defendant Association to the transaction party;
2. Amount to be deducted: 50 million won.
3. The period of deduction from October 21, 2008 to October 20, 2009 (after that, the period of deduction has been extended by October 20, 2017).
Defendant B is a licensed real estate agent who runs real estate brokerage business under the trade name of D Licensed Real Estate Agent Office in Busan Dong-gu, Busan. Around October 2008, Defendant B entered into a mutual aid agreement with the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) with the following contents (hereinafter “instant mutual aid agreement”).
B.1) Defendant B is the instant housing unit E in Busan Dongdong-gu. (hereinafter “instant housing”).
(2) Defendant B, on February 209, was authorized to conclude a lease contract on behalf of the Plaintiff, as if it had the authority to conclude a lease contract. Defendant B entered into a lease contract with F and the instant house as of December 27, 201 (Evidence A2-2, hereinafter the instant lease contract) with F and the lease contract until December 27, 201, and received from F the same day the down payment amount of KRW 20 million and the remainder of KRW 30 million on February 23, 2009.
3) After that, Defendant B, as if the Plaintiff entered into a lease agreement with F and the lease deposit amount of KRW 5 million, monthly rent of KRW 400,000,000,000, was false, and Defendant B transferred KRW 400,000 per month to the Plaintiff’s deposit account each time from around that time to April 2015 by way of having the remitter indicate in F.
C. Defendant B, as if it were delegated the Plaintiff with the authority to increase the deposit for the lease on a deposit basis, belongs to Defendant B, and on June 27, 2012.