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(영문) 서울중앙지방법원 2017.11.07 2016가단136024

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 8, 2013, the Plaintiff entered into a lease agreement with the mother-child, who was the owner of the foregoing building, with respect to the total area of 57.98 square meters on the first floor among the building (the underground floor, the first floor, and the second floor) on the land of Dongjak-gu Seoul Metropolitan Government, with the lease deposit amount of KRW 100 million and the lease term from June 8, 2013 to June 8, 2015.

(hereinafter “instant lease agreement”). B.

The terms and conditions of the instant lease agreement include two cases: “The contract amount shall be deposited into the bank account of E. The maximum debt amount of 260,000,000 won and 125,000,000 won with the maximum debt amount of e.g., the Dongjak-gu Seoul Metropolitan Government. There are two cases attached to the attachment registration number of G and H (registration of attachment on the register of registry). D’s mother E is the agent contract, and E shall have the responsibility of guaranteeing the full repayment and joint repayment of the deposit amount.”

C. By June 8, 2013, the Plaintiff paid KRW 100 million to E, and received a written confirmation from E that E bears the joint and several liability for the cash custody certificate for KRW 100 million and the obligation to return the lease deposit. The Plaintiff obtained the fixed date of the instant lease agreement as of June 11, 2013.

On the other hand, Defendant B mediated the instant lease agreement as a licensed real estate agent. In addition to entering the said special agreement, Defendant B entered “the total amount of KRW 175 million for the leased deposit of a preferred tenant” in the description of confirmation of the object of brokerage in addition to entering the said special agreement, and received the confirmation seal from E and the Plaintiff.

In fact, the building of this case and its site are completed the registration of creation of a mortgage near the two preceding mortgages of the debtor D, and the fixed date is based on the lessee I (the second floor, the deposit amount of KRW 50 million, the date of the move-in report and the fixed date of the move-in report, May 13, 201, respectively), J (the second floor, the deposit amount of KRW 60 million, the date of the move-in report, the fixed date of August 6, 201, the date of the move-in report, the fixed date of August 1, 201), K (the second floor of KRW 202, the deposit amount of KRW 60 million, the date of move-in report, the fixed date of August 22, 201), and the fixed date of the move-in report.