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(영문) 수원지방법원 2014.11.27 2014가단4312

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B is calculated by the rate of 90,000,000 won and 20% per annum from February 25, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. Defendant B entered into a mutual aid agreement with Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) for a period of mutual aid between June 17, 2012 and June 16, 2013 in the course of operating “D Licensed Real Estate Agent Office” located in Osan City, Osan-si, with the amount of KRW 100 million. In the event that a mutual-aid policyholder, who is a real estate broker, intentionally or by negligence, causes property damage to a transaction party in performing real estate brokerage, the Defendant Association entered into a mutual-aid agreement to compensate the transaction party for the property damage incurred to the transaction party within the limit of the amount of mutual-aid coverage.

(hereinafter “instant mutual aid”). B.

On the other hand, E’s ASEAN received a loan from Defendant B, and returned the deposit money of the existing tenants residing in the 503 Dodong 910 (hereinafter “instant apartment”), and requested the conclusion of a new sub-lease contract, and Defendant B opened and issued a passbook in the name of E with the power of delegation and the certificate of personal seal impression, and managed them.

C. On February 25, 2013, Defendant B did not have the right to receive the deposit following the conclusion of the sub-lease contract of the instant apartment at D Licensed Real Estate Agent Office, but did not legally issue the instant apartment after the fact that “the instant apartment is converted to sale in lots after one year,” and caused the Plaintiff to enter into a sub-lease contract with the lessor E, the lease period from March 3, 2013 to 12 months, and the deposit amount of KRW 90 million (hereinafter “sub-lease contract of this case”). The down payment of KRW 8 million was deposited in the Defendant B’s account on the date of the contract, and the remainder deposit of KRW 82 million was deposited in the account in the name of Defendant B managed by Defendant B and received it without delivering it to E.

On August 21, 2013, the Korea Land and Housing Corporation notified the termination of the lease agreement with respect to the instant apartment.

(e) the defendant.