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(영문) 대전지방법원천안지원 2019.10.17 2019가단101676

손해배상(기)

Text

1. Defendant B’s KRW 60,000,000 as well as 15% per annum from February 22, 2019 to May 31, 2019, respectively, to the Plaintiff.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deeming confessions (Articles 208(3)2 and 150(3) of the Civil Procedure Act).

As the provisions on statutory interest rate under Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Terminations were amended on May 21, 2019 and enforced on June 1, 2019, the court below's pleadings have not been concluded before June 1, 2019, the damages for delay calculated at the rate of 12% per annum after June 1, 2019 are recognized. Thus, the claims in excess are dismissed.

2. Claim against the Defendant C Association (hereinafter “Defendant Association”).

A. Basic facts 1) D Apartment E (hereinafter “instant apartment”) in the Nam-gu, Dong-gu, Dong-gu, Chungcheongnam-gu.

(2) On March 16, 2018, G, the spouse of F, entered into a lease agreement to lease the instant apartment to H for KRW 100 million as the F’s representative on September 2, 2016.

3) Since H removed the instant apartment in light of the circumstances, G entered into a lease agreement on behalf of F to lease the instant apartment to the Plaintiff KRW 60,000,000 on behalf of F (hereinafter “instant lease agreement”).

(4) The instant lease agreement was drafted at the “I Licensed Real Estate Agent Office” representativeed by Defendant B, and Defendant B lent the name of the licensed real estate agent to G to substantially operate the said office.

5) On April 12, 2018, the Defendant Association concluded a mutual aid agreement on the compensation for damages caused by a brokerage accident with Defendant B (from April 12, 2018 to April 11, 2019) and issued a certificate of mutual aid. [based on recognition] fact that there is no dispute, Party A’s evidence Nos. 1 to 7 (including a serial number), the purport of the entire pleadings, and the purport of the whole pleadings.

B. G of the cause of the claim is Defendant B’s brokerage assistant.