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(영문) 의정부지방법원 2015.11.06 2015가단5378

손해배상 및 공제금

Text

1. Defendant B’s KRW 83,00,000 and annual interest rate of KRW 15% for the Plaintiff from October 13, 2015 to the date of Down payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”), and Defendant B is a licensed real estate agent who operated the real estate brokerage office of the trade name “C Licensed Real Estate Agent” in the vicinity of the instant building.

Defendant B entered into a mutual-aid agreement with the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) to provide a period of mutual-aid between March 11, 2011 and March 10, 2012, where Defendant B caused property damage to a transaction party by intention or negligence while acting as a real estate broker and doing so, the Defendant Association provided a mutual-aid agreement to compensate for the damage within the limit of the amount of mutual-aid, and the guarantee period between Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Guarantee Insurance Co., Ltd.”) was set between March 11, 201 and March 10, 2013 when Defendant B caused property damage to a transaction party due to intention or negligence while acting as a real estate broker, the Defendant Guarantee Insurance Co., Ltd provided compensation for the damage within the limit of the amount of insurance coverage.

B. On November 14, 201, the Plaintiff, as Defendant B’s father, concluded an agreement with D to delegate the lease and management of the instant building to D with D, who had worked in the said “C Licensed Real Estate Agent” office (hereinafter “instant delegation agreement”).

1. The Plaintiff shall delegate D with the lease and management of studio (the instant building).

2. D shall collect studio rents and management expenses and deposit the monthly rent of KRW 3 million with the loan interest of KRW 1.6 million to the Plaintiff by the 28th day of each month, and the remainder after paying the management expenses to the Plaintiff shall be deemed to be the revenue of D.

3. The property tax on the real estate (the instant building and land) shall be borne by the Plaintiff.

4.D shall be responsible for any defect and repair of the building for five years, provided that it is due to a natural disaster.