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(영문) 서울중앙지방법원 2018.05.15 2017가단5186694
손해배상(기) 등 청구의 소
Text

1. Defendant B and C Association jointly share KRW 91,00,000 and Defendant B real estate brokerage against the Plaintiff.

Reasons

1. Facts of recognition;

A. E is the owner of the building listed in the attached list (hereinafter “instant cartel”).

E, on December 17, 2013, to G, the wife of F, set a deposit of KRW 120 million, monthly rent of KRW 3.5 million. On October 7, 2014, E concluded a lease contract with the term of lease from October 17, 2014 to October 16, 2016.

B. F leased the instant maternity to H and Defendant D in sequential order with the lessor as E without permission of E, and Defendant D paid the lease deposit to H, the lessee, and run the instant cartel.

The suspension was made.

C. F, without the permission of E, sought a person to operate the instant franchise without the permission of E, and on January 18, 2016, the Plaintiff and E called “E’s agent,” and concluded a lease agreement with respect to the instant franchise (hereinafter “instant lease agreement”).

The instant lease agreement was mediated by Defendant B, and Defendant B did not verify whether the F had legitimate power of representation.

(H When entering into a lease agreement under the name of H, Defendant B did not verify the F’s right of representation. - The amount of KRW 130 million deposited, KRW 2.5 million per month of rent, and the period of lease from February 15, 2016 to February 14, 2018; the lessor, and the Plaintiff

D. The Plaintiff deposited KRW 130,000,000 under the instant lease agreement into the account in the name of Defendant D designated by F (other than the Plaintiff, the Plaintiff paid or settled KRW 5,00,000 as premium) and began to operate the instant franchise.

E. On February 17, 2017, F, when entering into the instant lease agreement on February 17, 2017, he/she is sentenced to imprisonment with labor for a year and six months for the purpose of forging private documents, uttering of falsified documents, and fraud.

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