손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Plaintiff’s assertion
Summary
A. In around 2013, the Plaintiff accepted the studio building on the H’s ground (hereinafter “instant building”) owned by the Plaintiff and delegated the right to sell and purchase the instant building. The Plaintiff did not delegate the right to enter into a lease agreement on the instant building, and the Plaintiff did not delegate any authority to the Plaintiff as if he was the mother of D.
However, D and I concluded a lease contract several times with respect to the building of this case with no authority of the plaintiff, and received the lease deposit from the lessee.
B. On November 14, 2013, Defendant B arranged, without authority, to enter into a lease agreement on No. 203 of the instant building on behalf of the Plaintiff with J on behalf of the Plaintiff, and Defendant C, on July 17, 2014, instead of authority, concluded a lease agreement on No. 201 of the instant building with K on behalf of the Plaintiff (hereinafter collectively referred to as “each of the instant lease agreements”).
Although Defendant B and C have a duty to investigate and verify whether a licensed real estate agent with due care and good faith is a genuine right holder pursuant to Article 30(1) of the Licensed Real Estate Agents Act, Defendant B and C neglected such investigation and confirmation in mediating each of the instant lease agreements.
Due to the illegal acts committed by Defendant B and C, the Plaintiff suffered damages equivalent to the deposit money for each of the instant lease agreements.
Therefore, Defendant B is obligated to pay the Plaintiff damages amounting to KRW 50,00,000 and delay damages amounting to KRW 50,000 and KRW 22,500,000, and delay damages amounting to KRW 201, respectively, within the scope of the amount equivalent to the lease deposit amount with respect to the building 201.
C. Defendant B and C shall be the defendant.