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(영문) 대전지방법원 2018.03.09 2017가단211976

손해배상(기)

Text

1. The Defendants jointly share KRW 28,800,000 to the Plaintiff and Defendant B with respect thereto from March 9, 2017.

Reasons

1. On November 29, 2016, Defendant B, a practicing licensed real estate agent, entered into a mutual aid agreement with the Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) from November 29, 2016 to November 28, 2017 with a mutual aid agreement with KRW 100 million (hereinafter “instant mutual aid agreement”).

Defendant B lent Defendant B’s licensed real estate agent’s license to C from November 28, 2016 to May 10, 2017. In return, C paid KRW 450,000 per month to Defendant B and operated the “E licensed real estate agent” in Daejeon Tae-gu D and 103 during the above period.

Defendant B reported C as his brokerage assistant around November 28, 2016.

C was delegated by the owner G of the building 202 located in Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter “instant building”) to conclude a monthly rent contract for the instant building.

On February 2, 2017, C, while mediating a lease agreement on the instant building, had the Plaintiff deceiving the Plaintiff as if it had brokered the lease contract of KRW 32 million, and had the Plaintiff remit the deposit amount of KRW 32 million to the account under his own name and the account under the name of H (hereinafter “H”) established by himself.

Accordingly, on March 8, 2017, the Plaintiff remitted KRW 3.2 million to the account in the name of C, and KRW 28.8 million to the account in the name of H on March 9, 2017, respectively, and KRW 32 million to C acquired the said KRW 32 million.

At the time, C entered Defendant B as a practicing licensed real estate agent in the lease contract.

C under the same law as the above crime against the Plaintiff, acquired money from many victims under the name of the deposit money, was prosecuted for the crime, etc., and was sentenced to a judgment of conviction for two and a half years by imprisonment on November 17, 2017 with prison labor for the Daejeon District Court 2017Kadan230, 324 (Joint).

C. This means C.