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(영문) 서울중앙지방법원 2021.01.14 2019가단5264857
구상금
Text

The Plaintiff

A. As regards Defendant C’s KRW 109,401,710 and its KRW 82,030,479, Defendant C, from March 24, 2018, KRW 27,371,231.

Reasons

1. Claim against Defendant B and D

A. The description of the grounds for the attachment to the description of the claim and the changed grounds for the claim (Provided, That “the grounds for the claim” shall be “the grounds for the claim”; “creditor” shall be “Plaintiff”; and “debtor” shall be “Defendant”, respectively.

(b) Defendant B based on recognition: Judgment by publication service (Article 208(3)3 of the Civil Procedure Act): Defendant D by deeming confession (Article 150(1) of the Civil Procedure Act)

C. The Plaintiff partially dismissed (Defendant D) claimed an amount equivalent to KRW 27,371,231, which was paid to G as compensation for tort in connection with the act of mediating the Plaintiff to the F and Defendant C’s lessee, and calculated the delayed damages from March 24, 2018. However, since the deposit date of the above amount was March 26, 2018, it is reasonable to view that the calculation of the delayed damages for KRW 27,371,231, supra, on March 26, 2018, the deposit date of the above amount was March 26, 2018.

Therefore, we cannot accept the part exceeding the above part of the Plaintiff’s delayed damages claim.

2. Claim against Defendant C

A. Basic facts 1) The Plaintiff is an organization established with real estate brokers as its members. The Plaintiff is a juristic person operating a mutual-aid business, which is recorded in the certificate of mutual-aid, and is compensated according to the terms and conditions of mutual-aid, in the event that members have inflicted property damage on the transaction parties in the course of acting as a broker.

B) Defendant B and F are certified intermediaries engaging in real estate brokerage business under the trade name “I” at Asan City H, and the J is a person who trusted Ktel (hereinafter “the instant building”) to L Co., Ltd. (hereinafter “L”), and Defendant C is subject to the husband’s punishment by J’s husband M and worked as a broker at the said I office.

2) The Plaintiff entered into a mutual aid agreement with Defendant B around June 201, the period of mutual aid shall be one year from June 7, 201 to June 6, 2012.

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