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(영문) 서울서부지방법원 2015.07.17 2014가합35068

손해배상(기)

Text

1. Defendant C and D shall pay to each of the Plaintiffs KRW 170,000,000 as well as to the day of full payment from September 24, 2014.

Reasons

1. Basic facts

A. On November 1, 201, the Plaintiffs entered into a lease contract agreement with Defendant C and D as to KRW 170,000,000 (a contract deposit amount of KRW 17,000,000 on a contractual basis, the remainder of KRW 153,000,000 on a contractual basis, and the remainder payment of KRW 153,00,000 on December 31, 201, with the remainder payment period fixed from January 14, 201 to December 31, 2013 (hereinafter “instant lease agreement”) between Defendant C and D as a broker of Defendant E, a licensed real estate agent, and issued the said down payment on the same day.

The important terms and conditions of the instant lease agreement are as follows.

[Matters of Special Agreement]

1. A certified copy of the register shall be confirmed and explained;

2. Issuance of certificates of mutual aid; and

3.One billion won shall be repaid with loans established on a collateral security.

And the registration of reduction will be made.

5. A condition under which no security is created any longer until the remainder of a contract reaches.

7. The lessor shall have the right to lease on a deposit basis for one hundred million won notarized by the lessor.

8. The balance date may be changed.

9. With respect to KRW 10 million, the lessor shall regard the period during which the lessor may destroy the cash custody certificate together; and

B. On January 14, 2012, the Plaintiffs received the instant apartment from Defendant C and D. At the time, Defendant C and D requested that the Plaintiffs receive a cash custody certificate of KRW 170,000,000 from the lease deposit and deliver it to the Plaintiffs, and the Plaintiffs requested that the move-in report and the fixed date be received.

2. 7. The moving-in report was made on the apartment of this case and the fixed date was received.

C. Meanwhile, at the time of the conclusion of the instant lease agreement, each of the instant apartments was established with the maximum debt amount of KRW 611,00,000 (Order No. 14) and the maximum debt amount of KRW 65,000 (Order No. 15). The Plaintiffs paid KRW 119,00,000 out of the lease deposit under the instant lease agreement to Defendant E on January 16, 2012, and Defendant E.