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(영문) 대전지방법원 2018.02.08 2017가단213989

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 31,00,000 and for this, KRW 5% per annum from March 11, 2017 to October 10, 2017.

Reasons

Facts of recognition

A. On November 29, 2016, Defendant C, a practicing licensed real estate agent, entered into a mutual aid agreement with the Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) and the mutual aid period from November 29, 2016 to November 28, 2017, with a view to guaranteeing liability for damages arising from property damage to the parties to a transaction by brokerage (hereinafter “instant mutual aid agreement”).

B. Defendant C lent Defendant C’s licensed real estate agent license to Defendant C from November 28, 2016 to May 10, 2017. In return, Defendant C paid KRW 450,000 per month to Defendant C, and during the said period, Defendant C operated the “E licensed real estate agent” in Daejeon Seo-gu Daejeon D and 103.

around November 28, 2016, Defendant C reported Defendant B as his brokerage assistant.

C. Defendant B was delegated with the conclusion of a monthly rent contract as a lease agreement on the instant building from the owner G of building 204 located in Seo-gu, Daejeon (hereinafter “instant building”).

However, around the beginning of March 2017, Defendant B, by mediating a lease agreement on the instant building, deceiving the Plaintiff as if he had brokered the lease contract of KRW 31 million, and had the Plaintiff remit the deposit amount of KRW 31 million to his own account and to the account in the name of H (hereinafter “H”) established by himself.

Accordingly, on March 4, 2017, the Plaintiff transferred KRW 3.1 million to the account in the name of Defendant B, and KRW 27.9 million to the account in the name of H on March 11, 2017, and Defendant B acquired the above KRW 31 million.

At the time, Defendant B entered Defendant C as a practicing licensed real estate agent in the pre-paid contract.

Defendant B acquired money from a large number of victims under the name of the deposit for lease at that time under the same law as the above crime against the Plaintiff, and was prosecuted for the crime, etc., and on November 17, 2017, the Daejeon District Court Gongju Branch 2017Kadan230, 2017.