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(영문) 인천지방법원 2015.06.04 2014가단47015

손해배상(기)

Text

1. As to Defendant B and C’s KRW 42,00,000, and KRW 20,000 among them, Defendant B and C jointly with the Plaintiff, from March 25, 2011.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Gyeyang-gu Incheon Metropolitan City F 3 Dong 101 (hereinafter “instant F”) and G lending 103 Dong 103 (hereinafter “instant G lending”).

B. Defendant C is a licensed real estate agent operating the H Licensed Real Estate Agent Office, Defendant D is a licensed real estate agent operating the I Licensed Real Estate Agent Office, and Defendant E is a licensed real estate agent operating the J Licensed Real Estate Agent Office.

C. Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement with Defendant C (from December 7, 2010 to October 27, 201), D (from November 28, 2010 to November 27, 201) and E (from May 14, 2010 to May 13, 201) and each mutual aid agreement with KRW 100,00,000, respectively.

Defendant B, while actually operating the above H Licensed Real Estate Agent Office, stated that “The instant F will be leased at a monthly rent of KRW 500,000,000 without a lease deposit” to the Plaintiff residing in Japan around 201, upon obtaining the Plaintiff’s consent. On March 25, 2011, Defendant B, without the Plaintiff’s consent, set a lease deposit of KRW 20,000,000, monthly rent of KRW 500,000 to K and received KRW 20,000 from K.

Since then, the Plaintiff received a claim from K to return KRW 20,000,000 from K, and paid KRW 20,000,000 to K.

E. (1) Defendant B, while actually operating the above H Licensed Real Estate Office on March 1, 201, concluded a false statement that “A lease is made upon delegation from the Plaintiff, but the Plaintiff demanded the Plaintiff to pay KRW 34,00,000.” However, Defendant B did not intend to deliver the lease deposit received from L to the Plaintiff, and the Plaintiff concluded a lease contract with KRW 200,000 on monthly rent of KRW 5,000. Defendant B received KRW 34,00,000 from L, and did not pay it to the Plaintiff.