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(영문) 서울중앙지방법원 2018.02.22 2016가단126836

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From December 23, 2011, the Defendant Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant C to compensate for damages within the limit of KRW 100,000,000 if it is liable by intention or negligence to compensate for property damage to the transaction parties in the course of mediating the real estate transaction with Defendant C during the period from December 24, 201 to December 23, 2012, which is a mutual aid agreement established for the mutual aid program, etc. of licensed real estate agents.

B. On August 31, 2012, the Plaintiff entered into a lease agreement with Defendant C to lease each of the deposit amounting to KRW 65,00,000, and its duration from the delivery date to October 2, 2014 (hereinafter “instant lease agreement”) with respect to “YYY E and F (hereinafter “instant housing”)” owned by Defendant C as a broker, and completed the occupancy and move-in report as of September 24, 2012, the full payment of the deposit amount, and completed the move-in report as of October 2 of the same year, the Plaintiff obtained the fixed date and completed the move-in report as of September 24, 2012.

C. At the time when the Plaintiff entered into the instant lease contract, the right to collateral security of KRW 223,560,000 with respect to the instant housing was set up on the creditor’s G Bank’s premise, the right to collateral security of KRW 165,00,000 with the maximum debt amount of KRW 165,000 with respect to the creditor’s H, and the right to collateral security of KRW 67,50,000 with respect to the creditor’s I. At the time of moving into the instant housing, the right to collateral security of KRW 244,40,0

D If the Plaintiff becomes a director in the workplace relationship, D leased the instant house to another person, and agreed to return the deposit to the Plaintiff. Although the Plaintiff claimed the refund of the deposit pursuant to the agreement, D returned only KRW 2,00,000 out of the deposit. Accordingly, D filed a lawsuit, and filed a lawsuit by the Plaintiff, and KRW 63,00,000,000 as a mediation protocol established on August 26, 2014.