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(영문) 서울중앙지방법원 2020.08.25 2019가단5310408
공제금 등 청구의 소
Text

1. The defendant shall pay to the plaintiff A and the plaintiff B KRW 16,00,000 for each of them, and each of them shall be from March 7, 2020 to August 25, 2020.

Reasons

1. Facts of recognition;

A. The status of Nonparty D is a practicing licensed real estate agent who operates F Licensed Real Estate Agent Office in E in terms of harmony, and the Defendant is a mutual-aid contractor who entered into a mutual-aid agreement with the content that the Defendant guarantees property liability incurred to the parties to the transaction regarding the brokerage of Nonparty D pursuant to Articles 30(3) and 42 of the Licensed Real Estate Agent Act (hereinafter “instant mutual-aid agreement”).

Non-party G is the owner and lessor of the studio-type multi-family house (which consists of three to four households, each of two to four floors; hereinafter “the instant multi-family house”) on the ground of the H and the 4th floor above the land at the time of harmony.

B. On July 12, 2017, when the plaintiffs sought to lease a house to be jointly residing by the plaintiffs, Nonparty D provided a guidance that “The instant multi-family house set up a mortgage with the maximum debt amount of KRW 526,00,000,000, and eight households among nine households are under a contract, and six households are the former and two households are the monthly rent, and the aggregate of the senior deposits is KRW 440,000,000,000,” and actively recommended the lease of the instant multi-family house I.

Do. The plaintiffs believe the horses of Nonparty D and think that there is no problem about the return of the lease deposit. The plaintiffs concluded a lease agreement to lease the instant multi-family house I by setting the lease deposit amount of KRW 80,000,000, monthly management expenses of KRW 40,000, the lease period of KRW 40,000, July 28, 2017 to July 27, 2019 (hereinafter "the instant lease agreement"), and received a move-in report and a fixed date around July 18, 2017.

Article 22(1) of the Civil Act provides that “A real estate agent, at the time of entering into the instant lease agreement, shall be liable to compensate for the damages incurred to the third party for the damages incurred to the third party, and the third party shall be liable to compensate for the damages incurred to the third party for the damages incurred to the third party.”

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