A. D on December 13, 2006, which is the owner of Geumcheon-gu Seoul Metropolitan Government District Real Estate Co., Ltd. (hereinafter “instant real estate”), leased the instant real estate to F by setting the deposit amount of KRW 9 million, monthly rent of KRW 200,000,000, and the lease period from December 18, 2006 to December 17, 2008, under the supervision of the Plaintiff operating the E Licensed Real Estate Agent Office.

B. On the other hand, around December 2006, D delegated the Defendant, who is an employee of G real estate, to conclude a sales and lease contract on behalf of D with respect to the instant real estate, and the Defendant, on behalf of D, concluded a lease contract (hereinafter “instant lease contract”) on behalf of D, by setting the deposit amount of KRW 40 million for the instant real estate in the brokerage of the Plaintiff, a licensed real estate agent, for a period from July 30, 2007, under the supervision of D, and for a period from July 30 to 24, 2007 (hereinafter “instant lease contract”).

C. Upon the Defendant’s request, the Plaintiff used part of the deposit for the return of deposit for the termination of a lease agreement with H, and the previous owner of the instant real estate as the obligor for the repayment of the secured debt of the right to collateral security established on the instant real estate, and paid the Defendant the remainder of KRW 10,663,721 after deducting the commission of one’s brokerage commission. The Defendant paid KRW 4,663,721 out of the said money to I working for the same licensed real estate agent office.

D In collusion with I on June 24, 2007, without obtaining D’s delegation, the Defendant entered into the instant lease agreement and arbitrarily disposed of the amount of KRW 40 million from H with H, and the Plaintiff neglected his duty of care to verify whether the Plaintiff was entitled to represent D in mediating the said lease agreement as a licensed real estate agent, and thereby caused damage to D. The Plaintiff, Defendant, I, and I.