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(영문) 창원지방법원 통영지원 2018.03.08 2017가단23898

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 41,858,459 as well as 5% per annum from April 19, 2017 to March 8, 2018.

Reasons

Basic Facts

On January 22, 2014, the Plaintiff asserted that Defendant C had a broker who is not himself/herself, through the mediation of Defendant C or its brokerage assistant. The act of the broker assistant is regarded as the act of the broker who employs him/her (Article 15(2) of the Licensed Real Estate Agents Act), and there is no difference in the legal evaluation, and therefore the basic facts are arranged as above.

Of the multi-family houses with three floors above the D ground (hereinafter “instant house”) owned by Defendant B, Defendant B leased KRW 102 as the lease deposit amount of KRW 70,000,000, and the term of lease from February 28, 2014 to February 27, 2015 (hereinafter “instant lease contract”), and around that time, Defendant B paid the said lease deposit to Defendant B.

On January 7, 2014, Defendant C entered into a mutual aid agreement with the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) to guarantee the Defendant Association’s liability for property damage incurred to the parties to a transaction in connection with the mediation of Defendant C during the period from January 7, 2014 to January 6, 2015 (hereinafter “instant mutual aid agreement”).

Before entering into the instant lease agreement, the instant housing and its site had already been set up a collateral security in the name of the Tong Young Livestock Cooperative, which is the maximum debt amount of 276,000,000.

In addition, chonsegwon was established as follows.

The lease relationship with regard to the housing in this case worth KRW 102 H on February 20, 2013, KRW 102,000,000,000,000 on February 7, 2012, G, 202, KRW 70,000,000,000,000 from the date of establishment of the right to lease on a deposit basis for lease on a deposit basis, which was the date of establishment of the right to lease on a deposit basis, is as follows.

101 I The fixed-date lease deposit for the date of the transfer of the lessee of the family unit into the family unit, 102, KRW 70,000,000,000 per unit on March 14, 2014, KRW 70,000,000,000 J. 16, December 16, 2014, and KRW 301,000,000,000,000,000,000,000,000,000 in the instant housing.