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(영문) 부산지방법원 2019.06.26 2018나57834

손해배상(기)

Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Busan Shipping Daegu Doho E (hereinafter “instant building”).

By November 17, 2016, the Defendant is a licensed real estate agent who was engaged in real estate brokerage business under the trade name of “G licensed real estate agent office” on the second floor of the F building in Busan-gu.

H is a person working as an intermediary assistant in the G Licensed Real Estate Agent Office.

B. On November 10, 2016, the Plaintiff entered into the instant lease agreement, at the Office of the G Licensed Real Estate Agent (G Licensed Real Estate Agent Office), with H’s brokerage, entered into a provisional contract for a lease agreement of KRW 32 million for the instant building, KRW 30,000 per month, and the lease term from the date of delivery to November 25, 2018 (hereinafter “instant lease agreement”), and upon receiving KRW 300,000 from I, he received KRW 30,000 from I for the remainder of the lease deposit and KRW 173,000 for the rent, and I moved into the instant building.

On the other hand, on November 17, 2016, between the date of the instant lease agreement and the date of the principal contract, the Defendant reported the closure of “G Licensed Real Estate Agent Office” and dismissed an agent, including H, who was employed. However, the Defendant instructed H to conclude an intermediary assistance for the instant lease agreement, which was currently a broker, at that time.

C. Upon the termination of the instant lease agreement, the said I concluded the instant lease agreement and moved to another building located in the neighboring wife even though the instant lease agreement term has not expired, around one month, since only moved into the instant building.

On December 22, 2016, the Plaintiff received a request from H to “a director due to I’s personal cause, thus returning the lease deposit,” and “a return of KRW 30 million,00,000,000,000,000,000,000, which is deducted from the said lease deposit, if a new lessee is terminated.”

Therefore, this case.