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(영문) 서울중앙지방법원 2016.06.09 2015가단93120

손해배상(기) 등

Text

1. Defendant D and the Defendant Association jointly share KRW 13,00,000 to Plaintiff A, and KRW 21,50,000 to Plaintiff B, and Defendant E and the Defendant.

Reasons

1. Basic facts

A. Defendant D and E are licensed real estate agents, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) established for the purpose of promoting mutual aid programs, etc. of licensed real estate agents; Defendant Association concluded a mutual aid agreement with Defendant D and E for the mutual aid period (from November 28, 2010 to November 27, 201; Defendant E: October 28, 201 to October 27, 2013) during the period of mutual aid between Defendant D and E (from October 28, 2012 to October 27, 2013) where the Defendants are liable to compensate for property damage to the parties to a transaction due to intentional or negligent conduct in arranging real estate transactions.

B. On October 12, 201, Plaintiff A entered into a lease agreement with Defendant D regarding the lease deposit of KRW 40,00,000, and the lease term of KRW 400,000 from the date of delivery (til October 27, 201) to October 26, 2012 (hereinafter “instant lease first lease”) with respect to the apartment house located in Asan City (hereinafter “instant apartment house”) 401 as a broker of Defendant D (hereinafter “instant apartment house”), Plaintiff B paid the said lease deposit to F during that period. Plaintiff B entered into the lease agreement with Defendant D for the lease deposit of KRW 40,00,00 and the lease term of KRW 40,00,00,00 from October 26, 2012 (hereinafter “the lease term of KRW 403,013,01,000,000,000,000) and received the said move-in deposit from Defendant F to the broker of Defendant D for the lease agreement of KRW 2, 1303,14.

3. The instant G multi-family house shall be a creditor with respect to the building and site of the instant G multi-family house at the time when the instant first and second lease contract was concluded with the structure that 12 households can reside in the fourth floor building.

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