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(영문) 창원지방법원 2020.12.18 2020나50444

손해배상(기)

Text

Of the judgment of the court of first instance, the Defendants jointly with the Plaintiff KRW 10,000,00 and Defendant B with respect thereto. < Amended by Presidential Decree No. 23568, Sep. 20, 2019>

Reasons

1. Basic facts

A. Defendant B entered into a mutual aid agreement with the Defendant C Association (hereinafter “Defendant Association”) with a person who operates the F Real Estate Brokerage Office in Seongbuk-gu, Sungwon-si, Sungwon-si and the F Real Estate Brokerage Office in the first floor E, and entered into a mutual aid agreement with the Defendant C Association (hereinafter “Defendant Association”).

(hereinafter “instant mutual aid agreement”). The instant mutual aid agreement, mutual aid terms and conditions, and mutual aid provisions stipulate that where Defendant B intentionally or negligently inflicted damage on the parties to a transaction in the course of performing real estate brokerage, the Defendant Association shall compensate for the damage within the limit of the amount subscribed to mutual aid within 60 days from the date of receipt of the claim for payment of mutual aid money, unless there is any inevitable reason.

B. On September 8, 2017, the Plaintiff, as a broker of Defendant B, leased I’s name during the period from September 10, 2017 to September 9, 2018, among the instant multi-family house located in Seongbuk-gu, Sungwon-si (hereinafter “instant multi-family house”), which was located in his/her ownership, with the lease deposit of KRW 35,00,000,000, and the lease term of KRW 35,000,000, respectively.

(hereinafter “instant lease agreement”). On September 8, 2017, the Plaintiff obtained a fixed date from the instant lease agreement, and made a move-in report after receiving the said No. I on the same day, and on September 15, 2017, paid all the said lease deposit.

C. At the time of the instant lease agreement, the registration of creation of a neighboring mortgage, which was the J-mortgage Co., Ltd. and the maximum debt amount of 456,00,000, was completed on the instant multi-family house and its site.

On the other hand, as 27 households at the time of concluding the instant lease contract, multiple lessees entered into the lease contract and were residing in the first place than the Plaintiff, but the aggregate of the deposit amounts of the lessees who first moved in to the Plaintiff and have the move-in report or the fixed date with the moving-in report, etc. is KRW 592 million [K KRW 35 million, L (M before the opening of the name), KRW 40 million, KRW 35 million, KRW 45 million, KRW 45 million, and KRW 45 million, and KRW 5 million, the Changwon District Court of Changwon District (see No. 5, e., No. 6 No. 40 million, KRW 40 million, KRW 35 million, and KRW 5 million, respectively).