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Reasons
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(영문) 서울중앙지방법원 2020.09.11 2018가단5232037
손해배상금
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1. Defendant B and C jointly share KRW 5,600,000 with respect thereto to the Plaintiff and the period from June 8, 2018 to September 17, 2019.

Reasons

1. Facts of recognition;

A. On May 23, 2014, Defendant C entered into a lease agreement with Defendant B and Defendant C for KRW 80,000,000 (an amount of KRW 10,000,000 upon contract payment, the remainder of KRW 70,000,000 when entering into a contract), and from May 31, 2014 to May 30, 2016 (hereinafter “instant lease agreement”).

On the other hand, Defendant D (G Licensed Real Estate Agent Office) written the “ broker” column of the instant lease agreement.

B. On May 30, 2014, the Plaintiff entered into a loan agreement with Defendant B on May 30, 2014, with the amount of KRW 56,000,000, and on May 30, 2016, under the H Bank I in the name of Defendant C (hereinafter “H account in the name of Defendant C”) with the H Bank I in the name of Defendant C (hereinafter “Defendant C”), and transferred KRW 56,00,000 to the H account in the name of Defendant C pursuant to the instant loan agreement.

C. On May 27, 2014, before entering into the instant loan agreement, the Plaintiff: (a) confirmed the resident registration certificate of Defendant C, a lessor, or Defendant C; and (b) confirmed that the instant lease agreement was entered into by the Defendant C; and (c) drafted and issued a written confirmation of the fact that the lease agreement was concluded by the Plaintiff.

Since then, as Defendant B did not pay interest, etc. under the loan contract of this case, the interest under the loan contract of this case was lost. The principal and interest under the loan contract of this case as of June 7, 2018 is KRW 56,075,160 (= Principal KRW 56,00,000,000 or delay damages).

E. Meanwhile, on April 29, 2019, Korea Housing Finance Corporation (hereinafter “Korea Housing Finance Corporation”) on behalf of Defendant B, on behalf of the Plaintiff on April 29, 2019, paid the principal amount of KRW 50,997,094 (i.e., interest of KRW 50,400,000 or delay damages (i.e., interest of KRW 1,346,290 or delay damages) and interest or delay damages of KRW 50,40,00. - deposit offsetting KRW 618,8

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