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(영문) 광주지방법원 2019.09.25 2019나50815

공제금청구

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C is a licensed real estate agent who has registered the establishment of the F Licensed Real Estate Agent Office in the name of the F Licensed Real Estate Agent Office in Gwangju Mine-gu, Gwangju, and the Defendant entered into a mutual aid agreement with C that “if a mutual-aid policyholder who is a real estate broker is liable for damages due to his/her property damage caused to the transaction party intentionally or by negligence in performing a real estate brokerage act, the damaged person shall be paid the mutual-aid amount if the person who suffered

B. C received KRW 73 million in total from November 3, 2014 to KRW 73 million in a lease deposit with respect to the Plaintiff and the Plaintiff, who found his/her brokerage office, was delegated with the authority to lease H apartment I (hereinafter “instant real estate”) of Gwangju Mine-gu in monthly rent, as if he/she were delegated with the authority to conclude a lease contract by G, on October 10, 2014, by means of false words, as if he/she was delegated the authority to conclude a lease contract by G, and received KRW 73 million in a lease contract with respect to the instant real estate from November 3, 2014 to November 3, 2016. The lessor’s agent and broker’s broker’s column of the said lease contract also affixed a seal on both the lessor’s agent and broker’s column. Article 3 of the said contract provides that “C is a representative of the F Licensed Real Estate Agent and is liable with the power of delegation and certificate of personal seal

C notified G of the fact that the Plaintiff entered into the lease deposit amount of KRW 8 million, monthly rent of KRW 400,000 with respect to the instant apartment, and paid KRW 8,40,000 to G, and paid KRW 8,400,000 to G as its money for the monthly rent.

C. C, without the consent of G around October 2016, requesting the Plaintiff to increase the lease deposit in KRW 5 million and received KRW 5 million from the Plaintiff, and preparing a lease contract between the Plaintiff and the Plaintiff around October 31, 2016, in which the lease deposit amount was KRW 78 million, both the lessor’s agent and the broker column.