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(영문) 수원고등법원 2020.07.08 2019나21428
손해배상(기)
Text

Among the defendant B of the judgment of the first instance, the part against the plaintiff ordering payment under the below shall be revoked.

Defendant B.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent operating the “D Licensed Real Estate Agent Office” located in Songpa-gu Seoul Metropolitan Government.

Defendant C is a brokerage assistant of the above office.

The plaintiff is the sub-lessee who entered into a sub-lease contract by the brokerage of the defendant B.

B. On May 13, 2016, H is deemed as E and Hanam City F apartment and G (hereinafter “instant apartment”) owned on May 13, 2016.

As to the lease deposit, the lease agreement was concluded from May 31, 2016 to May 30, 2018 with respect to the lease deposit amounting to KRW 370,000,000, and the lease terming to May 30, 2018. As a special terms and conditions of the lease agreement, H agreed to obtain a deposit loan. H is a corporation I (hereinafter “I”).

(2) On March 13, 2017, the Plaintiff concluded a sub-lease agreement with the broker of Defendant B for the amount of KRW 270,000,000,000,000,000 as the deposit for lease, as the deposit for lease was KRW 270,000,000,000 as to the apartment of this case and H and the instant apartment as the broker of Defendant B, the monthly rent was KRW 100,000,000,000,000,000 from April 30, 2017 to May 30, 2018.

(hereinafter “instant sublease contract”). The Plaintiff paid the down payment of KRW 27 million on the date of concluding the instant sublease contract.

3. On March 14, 2017, the Plaintiff sent text messages to Defendant C to the effect that the sub-lease contract will be terminated if the sub-lease could not be protected.

In addition, around March 21, 2017, the Plaintiff reported the business credit analysis report of JJ, a sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-

The Plaintiff’s month as of April 1, 2017

7. The defendant B asked the defendant B by telephone.

its key

The contents of currency shall be as shown in the attached Form.

Defendant B explained to the Plaintiff as if the Plaintiff’s right to return the sublease deposit is preferentially guaranteed, and notified the Plaintiff as not being able to know about it.

4. Accordingly, on April 7, 2017, the Plaintiff’s remainder of the deposit for sub-lease 243 million won is Defendant B.

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