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(영문) 수원지방법원안산지원 2019.01.24 2017가단67028
손해배상(기)
Text

1. The Defendants jointly share KRW 30,000,000 with respect to the Plaintiff and 5% per annum from April 1, 2013 to January 24, 2019.

Reasons

1. Basic facts

A. Defendant B, around October 7, 2012, operated the E Licensed Real Estate Agent Office located in Ansan-si, Seoul-si, and reported the closure of the E Licensed Real Estate Agent Office on October 7, 2013 to the member-gu Office.

On July 26, 2012, Defendant B employed F as a brokerage assistant of the E Licensed Real Estate Agent Office. On the same day, Defendant C Association (hereinafter “Defendant Association”) issued a certificate of mutual aid from July 26, 2012 to July 25, 2013.

B. On March 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the Itel J-ho (hereinafter “instant real estate”) in Ansan-gu, Seosan-si (hereinafter “H”) as a broker of G by setting the lease term as KRW 1 year from March 30, 2013, KRW 50,000,000, monthly, and KRW 100,000,000,000. The said lease agreement is written as Defendant B as an intermediary.

C. From March 26, 2013 to April 1, 2013, the Plaintiff deposited KRW 50 million (hereinafter “instant lease deposit”) and KRW 51.2 million (1.2 million (1.2 million) per year, with the account in the name of G, totaling four times.

On May 13, 2014 and May 28, 2014, the Plaintiff deposited the total of KRW 200,000,000 in the account in the name of K designated by G twice each of the monthly rent of two minutes.

E. From June 25, 2014, the Plaintiff agreed to convert the instant lease agreement into a lease agreement around the end of June, 2014, and the same year from June 25, 2014

8. up to six times until December 21, G deposited the sum of KRW 10 million in K and L’s account designated by G.

F. On April 17, 2016, G was convicted of a fraudulent case, including, but not limited to, Suwon District Court’s Ansan Branch No. 2015Ma2708, Apr. 17, 2016.

[Ground of recognition] Evidence Nos. 1 through 9, Evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Determination

A. Determination on Defendant B’s liability for damages 1) an employer under Article 756 of the Civil Act.

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