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(영문) 창원지방법원 2019.07.04 2018가단121588

손해배상(기)

Text

1. The Defendants jointly share KRW 30,000,000 to the Plaintiff and Defendant B with respect thereto from February 13, 2019.

Reasons

1. Facts of recognition;

A. Defendant B is a practicing licensed real estate agent who operated the licensed real estate agent office in the name of “E” in Kimhae-si, and on March 22, 2016, the Plaintiff entered into a lease agreement with Defendant B on the multi-family house G units located in Kimhae-si F at the above licensed real estate agent office of Defendant B (hereinafter “instant house”).

Defendant B entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with the Defendant C Association (hereinafter “Defendant Association”) from January 12, 2016 to January 11, 2017, with a mutual aid period of mutual aid.

B. Around August 2015, Defendant B requested brokerage of the monthly rent contract on the instant housing, which was owned by Nonparty H, but was urged by personal debt relations, etc. at the time, Defendant B concluded a lease agreement with the lessee, which received a large amount of deposit money, and subsequently, Defendant B used part of the deposit received to the lessee without delivering it to the lessor as it was, and used by the lessor as if the lessor had concluded a monthly rent contract with the contents of the actual lease agreement, which was different from the actual lease agreement, with the lessor’s intent to both the lessee and the lessor.

Defendant B, by taking advantage of the Plaintiff’s visit to his licensed real estate agent’s office to obtain a house in which the Plaintiff would reside, was delegated with the authority to conclude a lease contract with the owner of the instant housing as if he were delegated with the said authority despite the fact that he had not been delegated by the owner of the instant housing with the authority to conclude a lease contract with the terms of “30 million won, monthly rent 1.5 million won,” and was transferred from tin to her own account after concluding a lease contract with the Plaintiff on March 22, 2016, i.e., KRW 3 million from tin to her account, and transferred KRW 30 million from tin to her account on March 28, 2016.

After that, Defendant B concluded a lease contract with the lessor “2 million won, monthly rent of KRW 420,00,000” with the lessor, and the Plaintiff.