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(영문) 부산지방법원 2014.12.19 2014나42537

손해배상(기)

Text

1. Of the judgment of the first instance court against the defendant, the part against the defendant exceeding the money ordered to be paid below.

Reasons

1. Facts of recognition;

A. On March 9, 2012, the Plaintiffs, as married couple, claimed that F was delegated with the authority to conclude a lease agreement by the broker of the licensed real estate agent C who operates E real estate, and that “F, lessee, Plaintiffs, lease deposit KRW 70,000 (no monthly rent), and one year from March 9, 2012 to March 8, 2013, the lease contract (hereinafter “instant lease contract”) was concluded with the content that “F, lessee, lease deposit KRW 70,000,000,000,000,000,000 won, were paid to D and resided during the lease period after delivery of the said subparagraph 804.

B. At the time of the preparation of the above lease agreement, D, who was a non-registered broker assistant belonging to the above E-real estate, had shown F’s power of attorney and certificate of personal seal impression to the Plaintiffs, who was delegated by F with the authority to conclude the lease agreement. The Plaintiffs concluded a lease agreement with the intent to believe the horses of D. However, D made a false contract with the following contents: “F, lessee B, lease deposit, KRW 30,000,000,000,000,000,000,000 won, which was received from the Plaintiffs, and paid to F, only KRW 3,000,000,000,000, out of the lease deposit received from the Plaintiffs.

C. After the termination of the above lease term, the Plaintiffs came to know that D forged a separate contract and recovered the amount equivalent to the difference of deposit in the process of demanding F to refund the lease deposit after the said lease term expires, and filed a lawsuit against F to seek the refund of deposit under the Busan District Court Branch Branch of Busan District Court Decision 2013Kadan12947. On September 10, 2013, the said court decided to recommend reconciliation that “F shall pay the Plaintiffs KRW 50,000,000,000,” and the said decision was finalized as is, and thereafter, the Plaintiffs shall follow the said Reconciliation recommendation from F.