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(영문) 인천지방법원 2019.10.24 2018가합61177
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C’s KRW 192,680,00 and for this, KRW 5% per annum from January 13, 2019 to October 24, 2019.

Reasons

1. Facts of recognition;

A. Defendant C, a licensed real estate agent, lent his/her licensed real estate agent qualification certificate to E who was working as a broker assistant at the D Licensed Real Estate Agent Office established and registered by himself/herself (hereinafter “D Licensed Real Estate Agent Office”), and accordingly, E operated the above certified real estate agent office from July 2010 to July 2016, and performed brokerage under Defendant C’s name.

B. The Plaintiff, as the owner of the building indicated in the attached Table 2 list (hereinafter “instant building”), delegated the conclusion of a monthly rent contract for each of the above units of the building, the receipt of monthly rent, the management of the building, etc. from around 2007 to E.

C. The Defendant B Association (hereinafter “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement in the separate sheet in the attached Table 1 stating that, in the event that Defendant C is liable for damages due to intentional or negligent conduct as a result of property damage to the transaction party, the transaction party shall be liable for such damage within the scope of the subscription amount (hereinafter “instant first mutual aid agreement,” and “instant second mutual aid agreement”).

E, even though the Plaintiff was granted the authority to conclude a monthly rent contract on behalf of the Plaintiff regarding each subparagraph of the attached Table 3 attached hereto, the E entered into an obligatory lease contract with each lessee listed in attached Table 3 (hereinafter “instant lease contract”) regarding each subparagraph of the above subparagraph beyond the scope of the delegation, and received the money stated in attached Table 3 as a deposit from the above lessee.

E. Defendant C received KRW 3,00,000 each year from July 2010 to July 2016 from brokerage assistant E, and was sentenced to a fine of KRW 3,00,000 for the criminal facts that lent a licensed real estate agent’s license, and E has the authority to enter into a monthly tax contract with the Plaintiff as to each subparagraph of the attached Table 3.

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