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(영문) 서울중앙지방법원 2015.02.06 2014가합33616

손해배상(기)

Text

1. Defendant B’s KRW 75,00,000 as well as 5% per annum from July 12, 2014 to February 6, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On July 13, 2012, the Plaintiff entered into a obligatory lease agreement (hereinafter “instant lease agreement”) with C to lease the two floors of the multi-family house in Songpa-gu Seoul Metropolitan Government D ground (hereinafter “instant building”) with the deposit deposit of KRW 150,000,000, and the lease period of KRW 150,000 from August 26, 2012 to August 25, 2014 (hereinafter “instant lease agreement”).

B. Defendant B, as a real estate broker operating the “F Licensed Real Estate Agent Office” located in Songpa-gu Seoul Metropolitan Government, mediated the instant lease agreement between the Plaintiff and C.

The Plaintiff initially requested the brokerage of leased goods to the “H Licensed Real Estate Agent Office (at the time, I operated at the time, but at the time, J was operated at the time of the balance payment of the instant lease agreement)” located near Songpa-gu Seoul Metropolitan Government, and accordingly, the Defendant B and the said H Licensed Real Estate Agent Office were jointly acting as a broker.

(Plaintiff paid a brokerage commission to the H Licensed Real Estate Agent Office, and Defendant B received a brokerage commission from the lessor C).

The Plaintiff paid KRW 150,00,000 to C by August 26, 2012, and completed the move-in report on August 27, 2012 after being handed over the second floor of the instant building on August 26, 2012. On the same day, the Plaintiff obtained a fixed date in the instant lease agreement.

(Evidence A 1, 15) d.

At the time of the conclusion of the instant lease agreement by the Plaintiff, other than the Plaintiff, the following housing tenants moved in the instant building. According to the following revealed, the amount of the lease deposit of the housing lessee who had preferential right to payment after having obtained a fixed date prior to the Plaintiff’s prior approval was KRW 210,00,000 (Lessee K: KRW 70,000,000, KRW 140,000).

Postal No. 1301 K 70,000,000 the fixed date of the lease deposit for the lessee of a leased household on the date of the original contract date of 1301 K 70,000 on April 19, 2012, L 140,000,000 on May 15, 2012. < Amended by Presidential Decree No. 117058, May 15, 2012>