손해배상(기)
1. The part against the defendant in the judgment of the court of first instance, which exceeds the following amount ordered to be paid.
1. Basic facts
A. On March 5, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the broker of C, who is a broker assistant employed by B, to which KRW 50,000 is KRW 50,000,00 for the deposit money for the multi-family house with the second floor unit of the F ground No. 202 (hereinafter “instant building”). From March 30, 2013 to March 30, 2015, the Plaintiff transferred KRW 50,000 to the Agricultural Cooperative (G) account in the name of D.
On March 5, 2013, the Plaintiff obtained a fixed date in the lease agreement, and received the lease portion of this case on March 30, 2013.
B. B and his brokerage assistant C (hereinafter “B, etc.”) explained to the Plaintiff regarding the right to collateral security and the maximum debt amount set up in the registry of the instant building and notified the Plaintiff of the existence of the lessee in other units of the instant building, while mediating the instant lease agreement. However, the Plaintiff did not confirm and explain the timing and termination of lease, the amount of lease deposit, etc. under an individual lease agreement already concluded with respect to other units of the instant building, and did not state any description in the “rights other than ownership” and the “matters concerning the right of the object not publicly notified or publicly notified” in the description of confirmation of object of the instant lease agreement delivered to the Plaintiff.
C. At the time of the conclusion of the instant lease agreement, on July 7, 2011, the establishment registration of the instant building was completed near the maximum debt amount of 980,000,000 won in the future of the Macheon Agricultural Cooperatives (hereinafter “Yacheon Agricultural Cooperatives”) with respect to the instant building.
The building of this case was awarded to I on October 21, 2016 in the case of the auction of real estate for the instant building, which was filed by Bocheon Agricultural Co., Ltd. based on the above collateral security (J).
The plaintiff, as a lessee, shall demand a distribution as to the deposit for lease.