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(영문) 수원지방법원안양지원 2016.01.14 2014가합3899

손해배상

Text

1. The defendant jointly with the plaintiff 37,352,381 won and the relation thereto shall be from October 25, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. A. Around December 201, the Defendant entered into a mutual aid agreement with the Defendant (hereinafter “instant mutual aid agreement”) with B, a licensed real estate agent, operating the “C Licensed Real Estate Agent Office”, and entered into a mutual aid agreement with the Defendant to compensate for property damage to the transaction parties due to intention or negligence in performing brokerage services between December 24, 201 and December 23, 2011, setting the period of mutual aid agreements as KRW 100,000,000, and the period of mutual aid agreements from December 24, 201 to December 23, 2012.

B. B’s tort 1) On November 2012, 2012, the Plaintiff is deemed to be D apartment Nos. 320, 102 (hereinafter “D apartment”) owned by the Plaintiff to B.

(E) Rental contract with respect to the Plaintiff, and, in the militaryposi City, 203 Dong 1704 (hereinafter “E apartment”) in which the Plaintiff is residing.

(2) On November 2, 2012, B requested brokerage of the lease agreement between the Plaintiff and F, B mediated the D apartment rental agreement between the Plaintiff and F, received 4,000,000 won as the provisional contract amount for the said lease agreement on behalf of the Plaintiff on behalf of the Plaintiff. On December 26, 2012, B received 59,000 won as the Plaintiff’s request on behalf of the Plaintiff on December 26, 2012, and B used 59,000 won as the remainder of the lease deposit for personal use without delivering each of the above money to the Plaintiff.

3) Upon receipt of a proposal from B to arrange for rent of KRW 5,00,000, monthly rent of KRW 300,000,000, the Plaintiff paid KRW 50,000,000 to the lessor as the leased deposit (or KRW 5,00,000,000). However, the Plaintiff paid KRW 50,00,00 to the lessor out of the amount under the foregoing paragraph (2). The Plaintiff first leased the E Apartment from G in his name and did not notify the Plaintiff of the rent of KRW 15,00,00, monthly rent of KRW 700,000, and the Plaintiff did not return the said KRW 50,000 to the Plaintiff.

C. Decision 1 B on April 30, 2015 in this Court Decision 2014Gahap2605.