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(영문) 서울중앙지방법원 2019.05.02 2018가단5074590
구상금
Text

1. The Defendant jointly with the Plaintiff as to KRW 11,683,05 and its amount from April 30, 2018 to the date of full payment.

Reasons

1. The facts of recognition: (a) Nonparty F is the owner of Hhoho Lake, I, Jhoho, and K of the Busan District Office (hereinafter “instant studio”); and (b) Nonparty E is the broker assistant of the “M real estate brokerage office” operated by Nonparty L, a licensed real estate agent, from October 2004 to October 2004; (c) separately operated the “N Licensed Real Estate Agent Office” as the broker assistant as the broker assistant; (d) Nonparty F operated the “N Licensed Real Estate Agent Office” as the broker assistant; and (e) Nonparty F was the real estate agent in 2010.

② On September 1, 2009, F delegated all the authority regarding the instant studio rental agreement to E. The name of M real estate brokerage office and N Licensed Real Estate Agent Office, and E belonged to F as if a contract was entered into with a smaller amount of money, and was charged for committing an offense of occupational breach of trust, etc. on the ground that a criminal charge was filed by sending part of the actual deposit and rent to F, and was tried jointly with other cases, and the sentence of imprisonment for five years and six months was finalized on September 1, 2016.

③ E의 범행 중 피고(N공인중개사 사무소)의 중개보조인으로서 피고를 대리하여 중개한 계약은 2010. 4. 4. 임차인 O와의 이 사건 I호 원룸 임대차계약(이하 ‘이 사건 임대차계약’)으로, 실제 임대차보증금 2천만 원 중 F에게는 500만 원만 송금해 주고 1,500만 원을 가로챘다.

④ The appellate court of the case where F claimed the payment of mutual aid money against the Plaintiff (Seoul District Court Decision 2016Na6757) sentenced that E, as an intermediary assistant of the Defendant, placed a limitation on liability of 20% of the damages arising from the brokerage of the instant lease agreement with the Defendant, 13,103,230 won, 10,482,584 won, and the amount at the rate of 5% per annum from April 7, 2015 to April 7, 2017, and 15% per annum from the next day to the day of full payment, the appellate court sentenced the Plaintiff to the payment on April 7, 2017, and became final and conclusive around that time, and pursuant to this decision, the Plaintiff made a decision to pay damages for delay to F on May 12, 2017.

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