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1. The Plaintiff:
A. Defendant B shall pay KRW 50,000,000 and a rate of 20% per annum from May 3, 2014 to the date of complete payment.
Reasons
1. Claim against the defendant B
A. On November 30, 2010, the Plaintiff entered into a sales contract with C by setting the price of KRW 146,000,000 with respect to 402 of the Mapo-gu Seoul Metropolitan D building as KRW 146,00. At the time, Defendant B arranged the said sales contract as a broker.
Defendant B, around April 4, 201, had the remainder of KRW 121,00,000 to be paid to the seller C for the D building. From the remainder, Defendant B’s approval was obtained by the Plaintiff, stating, “The remainder of the remainder would be KRW 1,100,000 to KRW 1,100,000,000,000,000 won as security deposit to the D building, and KRW 20,000,000,000 as security deposit received from the buyer by mediating the monthly rent contract of KRW 6,50,00,000,000 from the buyer, and later, the tenant would be paid as balance to the seller C when the monthly rent contract is terminated.”
However, Defendant B entered into a lease agreement with E without monthly rent of KRW 80,000,000, and C appropriated KRW 80,000,000 as the leased deposit that was remitted from E to the balance that the Plaintiff shall pay.
On April 29, 201, the remaining date of the remainder of the contract, the Plaintiff paid KRW 101,000,000 to Defendant B. Defendant B paid KRW 41,000,000 out of the remainder of the contract (=80,000,000 from the remainder of the contract) to Defendant C, and acquired the remainder of KRW 60,00,000.
E Around May 1, 2013, the Plaintiff filed a lawsuit against the Plaintiff seeking the return of the lease deposit amount of KRW 80,000,000 with this Court Order 2013da17141, and the Plaintiff responded to the appointment of an attorney, but lost.
Due to Defendant B’s tort, the Plaintiff suffered a total of KRW 50,000,000 as follows.
① 60,000,000 won (this is the same as the difference between the amount of the lessee’s actual lease guarantee and the amount of the lease guarantee known to the Plaintiff) which Defendant B acquired by deception by Defendant B (this is the same as the difference between the amount of the lessee’s lease guarantee and the amount of the lease guarantee known to the Plaintiff) is limited to KRW 41,00,000. ② E.