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(영문) 부산지방법원 2016.05.26 2014가단87874

손해배상금

Text

1. The Plaintiff:

A. Defendant B’s KRW 38,500,000 as well as 5% per annum from May 28, 2015 to May 26, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building Nos. 812, 1607, 1907, and 2007 (hereinafter “instant building”); Defendant B is the “E Real Estate Brokerage Office”; Defendant C is the licensed real estate agent who operated the “F Licensed Real Estate Agent Office”; Nonparty G is a broker assistant at the above brokerage office operated by the Defendants.

B. The Plaintiff entirely delegated the lease and management of the instant building to G. G. On behalf of the Plaintiff, G concluded a lease agreement on the instant building (hereinafter “instant lease agreement”) on behalf of the Plaintiff, received the deposit money on its own account, and embezzled the deposit money by informing the Plaintiff of false deposit money and remitting only the amount. As of the date of closing argument of the instant lease agreement, the contract term of the instant lease agreement expired as of the date of closing argument.

E on September 19, 2010, KRW 25 million, KRW 10 million, KRW 1,000,000, KRW 1,000,000, KRW 1,000, KRW 1,000,000, KRW 1,000,000, KRW 1,000,000, KRW 1,000,000, KRW 1,000,000, KRW 5 million, KRW 25,00,00,00 KRW E on April 18, 2013, KRW 160,000, KRW 25,000,00, KRW 1607, KRW 207,000,00, KRW 5 million,000,000, KRW 25,000,00 in brokerage offices of the actual lease deposit held by a lessee who is a lease-related unit.

2. The parties' assertion and judgment

A. A broker liable for damage under Article 30 of the Licensed Real Estate Agents Act is liable for the damage of property to a party to a transaction by intention or negligence (Article 30(1) of the Licensed Real Estate Agents Act) when he/she causes damage to the transaction by intention or negligence (Article 30(1) of the Licensed Real Estate Agents Act). It is acknowledged by the aforementioned evidence as to whether the act of entering into the instant lease agreement constitutes a brokerage