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(영문) 수원지방법원 2015.05.14 2014가합4135

손해배상(기)

Text

1. The Defendant: (a) KRW 72,100,000 and the Plaintiff’s annual rate from April 1, 2014 to May 14, 2015.

Reasons

1. Basic facts

A. On January 8, 2014, the Defendant, a licensed real estate agent, arranged for the lease of D Apartment 103 and 201 (hereinafter “instant apartment”) located in Ssung City, the Plaintiff, on the same day, transferred 1 million won as the provisional contract deposit to E’s account among those who misrepresente the owner of the instant apartment (hereinafter “private owner”), and received a receipt from the Defendant.

On January 13, 2014, the Plaintiff: (a) concluded a lease agreement with Defendant, E, and Man or the instant apartment (a sum of KRW 10 million, the remainder of KRW 98 million, the lease term of which is fixed from January 24, 2014 to January 23, 2016 (hereinafter “the first lease agreement”); and (b) transferred the remainder of KRW 9 million to the account of the owner by false owner; (c) contrary to the agreement with the owner at the first lease agreement, the Plaintiff did not agree to receive the lease deposit loan as security; and (d) the first lease agreement was de facto reversed. On January 13, 2014, the Plaintiff concluded a lease agreement with the owner on reduction of the deposit money for the instant apartment; and (d) concluded a lease agreement with the owner on January 13, 2014 to 100 million from January 24, 2014 to the date of the first lease agreement.

On January 24, 2014, the Plaintiff transferred the remainder of KRW 22 million out of the remainder to the account of the owner who misrepresented himself, and transferred the remainder of KRW 71 million to the account of the owner who misrepresented himself.

On the same day, the Plaintiff received a receipt from the Defendant in the name of the owner.

On the same day, the defendant assumes the name of brokerage commission for the apartment of this case from the plaintiff 309,00 won and misrepresentation from the owner.