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(영문) 대구지방법원 2016.10.11 2016가단1127

손해배상(기)

Text

1. Defendant B is based on the Plaintiff’s 85,00,000 won and the annual rate of 15% from May 5, 2016 to the full payment.

Reasons

1. Facts of recognition;

A. On January 26, 2015, the Plaintiff, as a broker of Defendant C, entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 85 million on March 9, 2015 to lease KRW 11,200,000 for each multi-family house (7 households) with the fourth floor of the multi-family house (3 households), 3 floors (3 households), 134.57 square meters, 90.03 square meters for multi-family houses with the fourth floor (1 household) with the fourth floor (hereinafter “instant real estate”). At that time, the Plaintiff received a delivery of KRW 501,50,000 from March 8, 2015 (hereinafter “instant lease agreement”).

B. At the time of Defendant C’s instant intermediary act, the instant real estate had a right to lease on a deposit basis with the maximum debt amount of 325,000,000,000 won on July 27, 2010, the first priority right to collateral security, which is a person holding the right to collateral security, and the first priority right to collateral security, which is a person holding the right to collateral security, and a right to lease on a deposit basis of 302,00,000

C. In addition, around November 6, 2014, Nonparty E leased KRW 55 million among the instant real estate, and the Korea Land and Housing Corporation (Korea Land and Housing Corporation) around December 28, 2012, leased KRW 50 million and KRW 55 million around October 7, 2013.

After the Plaintiff entered into the instant lease agreement on July 13, 2015, Nonparty F established lease on a deposit basis of KRW 5 million for 302 out of the instant real estate.

E. Defendant C explained about the right to collateral security and right to lease on a deposit basis (302) established on the instant real estate at the time of the instant brokerage act. However, Defendant C merely stated that the amount of the lease deposit for the instant real estate Nos. 202, 203, and 303 already leased on the instant real estate, the lease term for the instant real estate was a monthly lease contract with no rental deposit, but did not confirm the lease agreement, etc. under each of the above subparagraphs, and did not state any matters regarding the certificate

(f) The Chemical Credit Union is an interest.