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(영문) 인천지방법원 2018.08.31 2018나54777
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. From July 2010, B, a licensed real estate agent, lent a license of real estate agent to C. Accordingly, C operated the “E Licensed Real Estate Agent Office” in Nam-gu Incheon Metropolitan City, and arranged for housing lease, etc. in B’s name.

B. From January 12, 2015 to January 11, 2016, the Defendant is a mutual aid business entity which entered into a mutual aid agreement with B to compensate for the damage within the limit of the subscription amount (100,000,000 won) where the Defendant is liable for damage caused property damage to the transaction party by intention or negligence in mediating B between B and B.

(The above provision and the terms and conditions of mutual aid stipulate that the defendant should pay the mutual aid money within 60 days from the date on which the defendant received the beneficiary's claim for the mutual aid.

On April 29, 2015, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) between C and C claiming that F is the agent of C using the name of B licensed real estate agent in the E Real Estate Brokerage Office, under which deposit amount of KRW 25,00,000, monthly rent of KRW 150,000, monthly rent of KRW 150,000, and May 15, 2016 (12 months) with respect to G main complex 1,202 (hereinafter “instant real estate”).

The Plaintiff paid the full amount of the lease deposit stipulated in the instant lease agreement to C, and around that time, received the instant real estate, and C used the said lease deposit without paying it to F.

E. Around December 2016, F, the owner of the instant real estate, filed a lawsuit against the Plaintiff seeking delivery of the instant real estate and return of unjust enrichment with the Incheon District Court 2016Kadan59784. The said court delegated F, on June 13, 2017, to C the right to enter into a lease agreement that is KRW 400,000 per month for the instant real estate.

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