손해배상
1. The Defendants jointly pay 80 million won to the Plaintiff and 15% per annum from February 6, 2018 to the day of complete payment.
1. 기초사실 [인정근거] 갑 1∽8, 11, 12호증의 각 기재, 변론 전체의 취지 ① 피고 B는 안산시 단원구 D, E호에서 ‘F공인중개사사무소’를 운영하였던 공인중개사이다.
② On November 11, 2015, the Plaintiff is the owner who purchased the member Gagra H (hereinafter “instant real estate”).
On November 9, 2017, the Plaintiff entered into a lease agreement with the Korea Land and Housing Corporation (occupant I) as a broker of Defendant B, setting the lease deposit amount of KRW 80 million with respect to the instant real estate and the term of lease from November 28, 2017 to November 27, 2019.
B ① On November 9, 2017, the I paid KRW 4 million to Defendant B, and the Korea Land and Housing Corporation paid KRW 76 million to the Plaintiff.
② On November 28, 2017, the Plaintiff remitted KRW 76 million to Defendant B in order to refund the lease deposit to the former lessee of the instant real estate to the J, and the said money was withdrawn on the same day.
3. However, Defendant B did not return the said money to J.
④ On November 18, 2017, the Plaintiff filed a complaint with the police on the same summary as the right entry, and the Defendant B filed a complaint with the police. However, the present location of the Defendant B is unclear, and the status of the suspension of indictment is not clear.
⑤ In addition to the instant case, Defendant B and the Defendant C Association (hereinafter referred to as the “Defendant Association”) are pending in this Court’s 2017dan608014 case.
The Defendant Association concluded a mutual aid agreement between the Defendant B and the mutual aid company established in order to guarantee the liability to compensate for damage to the transaction parties by intentionally or negligently causing property damage to the transaction parties while acting as a real estate broker. The Defendant Association entered into a mutual aid agreement between the Defendant B and the mutual aid company from December 7, 2016 to December 6, 2017.
2. According to the facts acknowledged as above, according to the judgment as to the cause of the claim, the Defendants jointly filed a claim amounting to KRW 80 million as damages or mutual aid money, and the Plaintiff’s claim on February 6, 2018.