beta
(영문) 대구지방법원 2017.12.21 2014가합7906

공제금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 22,247,671 won and the period from January 21, 2017 to December 21, 2017.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company incorporated on October 27, 201 by having C as an internal director, a real estate agent, and D, who are not licensed real estate agents, jointly invest and operate an authorized brokerage business.

B. On December 4, 2012, the Defendant Company entered into a mutual aid agreement with the Defendant Association of Licensed Real Estate Agents (hereinafter “Defendant Association”) to guarantee the Defendant Association’s liability for property damage incurred to the parties to a transaction in relation to the brokerage of the Defendant Company during the period of mutual aid between December 8, 2012 and December 7, 2013, setting the amount of mutual aid as KRW 100,000,000 and the period of mutual aid.

C. On December 12, 2012, D concluded a sales contract with E to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 1.720 million, but the down payment was to pay the remainder KRW 60 million at the time of the contract, and the remainder KRW 1.6 billion at the time of January 11, 2013.

D paid only KRW 60 million to E, and delayed the payment of the remainder, but it was impossible to pay the remainder by January 25, 2013, even if the remainder payment was deferred by January 25, 2013, the above sales contract was rescinded by E’s notice of cancellation.

E. However, D, on February 15, 2013, sold the instant real estate to the Plaintiff as the sales price of KRW 1.75 million. Of the down payment of KRW 150 million, D, the remaining down payment of KRW 140 million was paid on February 18, 2013 on the date of the contract, and the remaining down payment of KRW 1.4 billion was paid on April 30, 2013, and the remainder amount of KRW 1.5 billion was paid on April 30, 2013, and D concluded a sales contract (hereinafter “instant sales contract”) with the purport that D would borrow the instant real estate as collateral and acquire it by the Plaintiff (hereinafter “instant sales contract”).

F. At the time of the above sales contract, the brokerage assistant F of the Defendant Company explained to the Plaintiff the subject matter to be sold and introduced the site, and G, a licensed real estate agent of the Defendant Company, entered the Defendant Company as a broker.