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(영문) 의정부지방법원 2017.04.21 2016가단31398

손해배상(기)

Text

1. The Defendants jointly share KRW 23,000,000 with the Plaintiff and Defendant B with respect thereto from August 30, 2013 to November 30, 2016.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent who operates a real estate brokerage office in his/her trade name, “D real estate” in his/her own city.

B. On June 17, 2013, the Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee Insurance Co., Ltd.”) concluded a guarantee insurance contract with Defendant B, setting the insurance period from June 18, 2013 to June 17, 2014, and setting the guarantee insurance amount as KRW 100 million (hereinafter “instant guarantee insurance contract”). The guarantee content is the business guarantee bond of a real estate broker under the former Licensed Real Estate Agent’s Business Affairs and Report of Real Estate Transactions Act (amended by the Licensed Real Estate Agent Act, Act No. 12374, Jan. 28, 2014). The broker guarantees liability for damages when the broker intentionally or negligently causes property damage to a transaction party.

C. Nonparty E, as the owner of a government-based multi-household house, was entrusted with his seal to Defendant B, and the said Defendant entered into a lease agreement for the said multi-household house (15 households).

Defendant B, by deceiving the lessee on a deceptive basis, shall be deemed to have received a large amount of rent deposit, and shall be deemed to have received only monthly rent deposit to E. On August 16, 2013, Defendant B concluded a lease agreement with the Plaintiff as the broker and the lessee with respect to the above multi-household 302 as to the foregoing multi-household 302 (hereinafter “instant lease agreement”). The lease agreement was concluded between August 25, 2013 and August 24, 2016 (hereinafter “instant lease agreement”). The Plaintiff received the lease deposit amount of KRW 2.5 million on the same day, and the balance of KRW 2.5 million on August 30, 2013, and issued the lease deposit amount of KRW 2.2 million on the same day, and delivered the forged monthly rent of KRW 300,000,000,000 to E, and acquired only KRW 300,000,00,000,00.

(f) E shall be the District Court of the Speaker against the Plaintiff on March 2016.