손해배상(기)
1. The Plaintiff:
A. Defendant B shall be 50 million won and 15% per annum from August 15, 2017 to the date of complete payment.
1. Facts of recognition;
A. Defendant C is a licensed real estate agent running the E-real estate brokerage office (hereinafter in this case’s brokerage office) in Seo-gu, Gwangju, and Defendant B is a broker assistant of the above C as Defendant C’s Pool.
B. While the Plaintiff found the real estate to be leased as a whole, the Plaintiff introduced Defendant B to the instant brokerage office the 302 building in Gwangju Seo-gu (hereinafter the instant building) and requested the said Defendant to enter into a lease contract with the deposit amount of KRW 55 million.
However, the instant building was requested by Defendant B to conclude a monthly rent contract with the owner G.
C. On November 12, 2015, Defendant B prepared respectively a monthly rent contract of KRW 55 million with a deposit which forged the name of lessor G, ② KRW 5 million with a deposit which forged the name of the Plaintiff, and KRW 5 million with a monthly rent of KRW 500,000,000 with a monthly rent of KRW 500,000,000,000,000,000,000,000,000,000 were issued to the Plaintiff, and the said monthly rent contract was delivered to the Plaintiff.
Defendant B, around November 13, 2015, received consent from the Plaintiff on a false statement to the effect that “The Plaintiff would receive deposits from H in the previous residence of the Plaintiff in lieu of deposit KRW 55 million, and deliver the said money to G as a deposit for the instant building.”
After receiving the above money from H, Defendant B transferred only 5 million won to G as monthly rent deposit and used the remaining 50 million won individually.
Defendant B was sentenced to imprisonment with prison labor for one year at the Gwangju District Court around February 2018 due to the forgery and use of the above private document, and fraud against the Plaintiff.
E. The defendant C is a mutual aid agreement with the defendant Korean Licensed Real Estate Agents Association (hereinafter the defendant Association) to compensate for the damage within the limit of 100 million won, where the mutual aid holder, who is a real estate broker, intentionally or negligently, causes damage to the transaction party at the time of real estate brokerage.