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(영문) 서울북부지방법원 2017.11.14 2016가단39016
손해배상
Text

1. The Defendant’s KRW 66,840,00 for the Plaintiff and KRW 5% per annum from November 24, 2016 to November 14, 2017.

Reasons

1. Facts of recognition;

A. From February 2014, C actually runs the E-real estate office located in Seocheon-gu, Seocheon-si. The Defendant registered the establishment of the above office as a licensed real estate agent who registered the establishment of the above office under the name of the Defendant who is qualified as a licensed real estate agent, and C leased the establishment and requested the Defendant to render brokerage services using the Defendant’s name while using the leased establishment. The Defendant consented thereto.

Although a practicing licensed real estate agent is prohibited from allowing another person to render brokerage services using his/her name or trade name or transferring or lending his/her brokerage office registration certificate to another person, the defendant allowed C to render brokerage services using his/her name or trade name and lent his/her brokerage office registration certificate to C.

B. The defendant is the above A.

On January 29, 2016, a summary order was issued as a branch court of Incheon District Court 2016 high-level77 on the same facts constituting an offense as stated in the foregoing paragraph, and the summary order was issued as of January 29, 2016. Accordingly, the Defendant applied for formal trial and the trial was in progress. On April 8, 2016, the court of first instance (Seoul District Court 2016 high-level173) sentenced the Defendant to a fine of KRW 2,500,000 against the Defendant. While the Defendant appealed against this, the appellate court (Seoul District Court 2016No1316) declared that the Defendant’s appeal was dismissed on March 23, 2017, the above judgment became final and conclusive around that time.

C. (1) On February 17, 2014, C made a false statement to the Plaintiff that “I would like to make profits from the sale of real estate by making phone calls to the Plaintiff. I would like to make profits from the sale of real estate at the time of making up for the cover of the house after making up for the cover of the house. I would like to make profits from the sale of real estate at the time of making investments in money.”

However, the fact that C receives money from the Plaintiff as a real estate investment deposit, however, is to pay it in the way of ‘comforcing’, i.e., F’s personal debt to C and others.

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