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(영문) 서울중앙지방법원 2018.06.14 2017가단5033905

지급명령신청

Text

1. The Plaintiff:

A. Defendant A and B respectively KRW 40,657,996, and Defendant A and Defendant B with respect thereto from November 9, 2017.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a mutual aid agreement with Defendant A with the content that a member who has joined a mutual aid agreement within the limit of KRW 100,000,000,000, paid the amount of property damage to the transaction party in performing real estate brokerage.

(2) According to Article 22(1) of the mutual aid agreement applied to the said mutual aid agreement, “In the event the Association has paid mutual aid money to the parties to the transaction in mediating the act, the said mutual aid agreement shall have the right to indemnity against the parties to the mutual aid, to the extent that it does not impair the interests of the beneficiaries, and the beneficiaries shall exercise the rights of subrogation against the said parties to the extent that it does not

B. (1) On July 5, 2013, Defendant B, C, and D conspired to enter into a lease contract without explaining the fact of the lease, and concluded the lease contract with the intention of mediating the F Licensed Real Estate Agent’s Office (representative: Defendant A) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, as security for the payment of the existing purchase-price amounting to KRW 330 million of bank loans for the payment of the existing purchase-price, and in the financial situation where the said G building should be offered as security for the payment of the purchase-price, and the said G building was planned to lease all the above G building as a full-time rent under the financial situation in which the purchase-price should be created with deposit money, and most of the above G building was entered into a lease contract only at the full-time rent without explaining the fact of the lease to the lessee, and then the lease contract was arranged by actively making the lessee enter into the lease contract as shown below.

On July 5, 2013, 2013, the security deposit (amount of money obtained) deposit of lessee (victim) in tort on the date when the contract was concluded, the date of the settlement is June 29, 2013; and on July 5, 2013, the date of the preparation of the lease contract is the signature and seal of Defendant A in the broker column. Defendant C deducts the principal address and the administration expenses.