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(영문) 서울중앙지방법원 2018.06.08 2015가단5378710

손해배상(기)

Text

1. The Defendants jointly share KRW 42,431,864 with respect to the Plaintiff and the period from December 6, 2017 to June 8, 2018.

Reasons

1. Facts of recognition;

A. Defendant B is a person who has registered the establishment of a brokerage office under the trade name of “E Licensed Real Estate Agent Office” on the Gangnam-gu Seoul Metropolitan Government D and 1st floor, and F is a person who has run real estate brokerage business under the name of Defendant B at the time of relocation from G to H.

(F) The F stated to the effect that in return for the use of name, Defendant B paid the amount of KRW 30-450,000 per month to Defendant B.

Defendant B entered into a mutual aid agreement with Defendant C Association (hereinafter “Defendant Association”) in accordance with the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (hereinafter “Real Estate Agent Act”) with the term of mutual aid between February 18, 2013 to February 17, 2014; and Defendant B, a real estate broker, with the amount of mutual aid as KRW 100 million, caused property damage to a transaction party by intention or negligence in performing real estate brokerage.

C. On November 1, 2013, the Plaintiff entered into a lease agreement with F as to the Gangnam-gu Seoul Gangnam-gu J apartment K (hereinafter “instant apartment”) with the lease deposit amounting to KRW 250 million, and from December 8, 2013 to December 8, 2015 (hereinafter “instant lease agreement”). At that time, F issued a certificate of deduction of KRW 100,000,000,000 issued by the Defendant Association to the Plaintiff.

Under the instant lease agreement, the Plaintiff paid to I the remainder of the lease deposit (7 million won, which is part of the remainder on November 1, 2013, the intermediate payment of KRW 15 million on November 8, 2013, the intermediate payment of KRW 20 million on November 21, 2013, and the remainder on December 201, 2013, and 7 million, which is part of the remainder on December 30, 2013, respectively. The lessor L, who had the former residence, paid the remainder of the lease deposit on or before December 30, 2013, and the Plaintiff paid the remainder of the lease deposit to F enter the remainder of KRW 30,000,000.