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(영문) 부산고등법원 2018.04.19 2017나810

공제금지급

Text

1. Of the judgment of the first instance, KRW 69,200,000 against the Plaintiff and its related thereto are from April 5, 2015 to April 19, 2018.

Reasons

1. Facts of recognition;

A. Relevant parties 1) The Plaintiff is each partitioned building listed in the separate sheet (hereinafter “each of the rooms of this case”) and the individual building is specified as a heading room.

The Defendant is the owner of a mutual aid agreement. The Defendant is an organization established with a licensed real estate agent as its member and is engaged in a mutual aid project to guarantee the transaction party’s liability for damages caused to the transaction party while performing the real estate brokerage business. (ii) A licensed real estate agent (hereinafter “instant mutual aid agreement”). From June 22, 2004, while running a real estate brokerage office, the Defendant and the Plaintiff entered into and renewed a mutual aid agreement with the amount of KRW 100 million (hereinafter “instant mutual aid agreement”). F is an intermediary employed by B.

B. 1) The Plaintiff delegated F with the authority to conclude the lease agreement of each of the instant studio (10.11 and 1110) to F, a broker assistant for the Plaintiff. 2) F, on behalf of the Plaintiff, is not a monthly rent of KRW 58 million between H and the instant 1011, and the term of lease is from May 21, 201 to May 20, 201 (hereinafter “the first lease agreement”). The lessee entered into a lease agreement prescribed from May 21, 201 to May 20, 201 (hereinafter “the instant 1 lease agreement”). The lessee received KRW 58 million deposit from H.

However, F, as delegated by the Plaintiff, concluded a lease agreement of KRW 3 million, monthly rent of KRW 500,000,000 as if it were false, and F, by delivering only KRW 3 million with a security deposit to the Plaintiff, thereby acquiring the difference of KRW 50,00,000 (= KRW 58,00,000 - KRW 3 million).

3) As an intermediary assistant for a licensed real estate agent B on behalf of the Plaintiff, F does not monthly rent at KRW 60 million between I and 11.10,000,000,000, and the term of the lease is from May 1, 2012 to April 31, 2013 (hereinafter “instant lease agreement”). The term of the lease stipulated from May 1, 2012 to April 31, 2013 (hereinafter “instant lease agreement”). In addition, the instant lease agreement and “each of the instant lease agreements” in the instant lease agreement.

(b).