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(영문) 서울중앙지방법원 2019.03.19 2018가단5191884

공제금 등 청구의 소

Text

1. The Defendant: (a) KRW 9,00,00 for Plaintiff A; (b) KRW 16,104,734 for Plaintiff B; and (c) for each of them, from December 3, 2018 to March 2019.

Reasons

1. Facts of recognition;

A. Nonparty D is a practicing licensed real estate agent located in Suwon-si E, who operated the F Licensed Real Estate Agent Office, and Nonparty G is a practicing licensed real estate agent located in Suwon-si, Suwon-si.

In order to guarantee liability for damages of practicing licensed real estate agents pursuant to Article 42 of the Licensed Real Estate Agents Act, the Defendant entered into a mutual aid agreement with Nonparty D with the content that the Defendant guarantees liability for damages to the parties to the transaction in connection with its brokerage (hereinafter referred to as “instant mutual aid agreement”) on the basis of the deduction amount of KRW 100,000,000 from October 21, 2016, the deduction period of KRW 100,000,000 from Non-Party G, and the deduction period of KRW 100,000 from April 13, 2015, and the deduction period of KRW 100,000 from Non-Party G.

B. On March 19, 2017, Plaintiff A entered into a lease agreement with Plaintiff A, as a broker, Lho Lake (hereinafter referred to as “instant building”) among the multi-family houses located in J and Suwon-si K in Suwon-si, Suwon-si, and the site thereof is “the instant land”; and Plaintiff A’s title among the instant buildings is “instant L”.

A) A lease agreement with respect to security deposit for lease amounting to KRW 45,00,000, and the term of lease from April 5, 2017 to April 4, 2019 is concluded (hereinafter “instant L lease agreement”).

(2) On April 5, 2017, a relocation report and a fixed date were received after fully paying the lease deposit. (2) At the time of entering into the instant L lease agreement, the confirmation and explanatory note of the object of brokerage prepared by D and delivered to Plaintiff A is described as KRW 689,00,000 for the instant land and building, the maximum debt amount of which is KRW 130,000,000 for the mortgage-backed mortgage holders, and the maximum debt amount of KRW 150,000 for the mortgage-backed mortgage holders, respectively, and the senior lease deposit is described as KRW 330,00,000 for the “rights of the object which has not been actually related or publicly announced”.

C. Plaintiff B-.