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(영문) 서울중앙지방법원 2020.04.14 2019가단5152602

공제금 등 청구의 소

Text

1. The defendant's KRW 12,797,680 for each of the plaintiffs and 5% per annum from September 16, 2019 to April 14, 2020 for each of them.

Reasons

1. Facts of recognition;

A. (1) On December 22, 2015, the Defendant entered into a mutual aid agreement in the instant mutual aid agreement and each lease agreement (hereinafter “instant mutual aid agreement”) with a licensed real estate agent F, which operated the “E Licensed Real Estate Agent Office” in Suwon-si, Suwon-si, and the period of mutual aid from December 26, 2015 to December 25, 2016, and with a subscription amount of KRW 100,000 (hereinafter “instant mutual aid agreement”). According to the mutual aid agreement, if F, intentionally or by negligence, causes property damage to a transaction party in performing real estate brokerage, the Defendant is obliged to compensate for an amount equivalent to the F’s percentage of fault out of the amount of damage within the scope of the amount of mutual aid agreement.

(2) On January 25, 2016, Plaintiff A entered into a lease agreement (hereinafter “instant lease agreement”) with the terms that the first unit of the building on the 7th H floor size of G and Suwon-si H on the basis of F’s brokerage (hereinafter “the instant multi-family house”) was fixed and leased as the deposit amount of KRW 40,000,000, and the period from January 31, 2016 to January 30, 2017 (hereinafter “instant first lease agreement”). On the same day, Plaintiff A entered into the said lease agreement and received the said first unit first lease agreement, and completed the move-in report and received the fixed date.

(3) On January 30, 2016, Plaintiff B entered into a lease agreement with G and the instant multi-family house during the period from January 30, 2016 to January 30, 2017 (hereinafter “instant lease agreement,” and “each of the instant lease agreements when called together with the instant first lease agreement,” and received the said J status by fully paying the deposit on January 30, 2016, and after completing the move-in report on February 1, 2016, Plaintiff B received the fixed date.

B. (1) The F, even before entering into each of the instant lease agreements, was an intermediary for concluding a lease agreement in the form of a lease agreement with respect to part of the instant multi-family house at least 20 times, and each of the instant lease agreements.