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(영문) 대전지방법원 2018.03.22 2017가단15147
손해배상(기)
Text

1. The Defendant’s KRW 36,900,000 as well as 5% per annum from September 11, 2017 to March 22, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On November 29, 2016, B, a practicing licensed real estate agent, entered into a mutual aid agreement with the Defendant and the period of mutual aid between November 29, 2016 to November 28, 2017, in order to guarantee liability for damages arising from property damage to a transaction party by brokerage (hereinafter “instant mutual aid agreement”).

B. B leased a licensed real estate agent’s license to C from November 28, 2016 to May 10, 2017. In return, C paid KRW 450,000 per month to B, while operating the “E Licensed Real Estate Agent” in Daejeon Seo-gu D and 103 for the said period.

At the time, B reported C as its brokerage assistant.

C. C was delegated by the owner G of the building 304 located in Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter “instant building”) with the conclusion of a monthly rent contract as a lease agreement on the instant building.

On January 30, 2017, C, while mediating a lease agreement on the instant building, had the Plaintiff deceiving the Plaintiff as if it had mediated the lease agreement on the deposit amount of KRW 46 million, and had the Plaintiff remit the deposit amount of KRW 46 million to the account in the name of C and the name of H of a limited liability company established by C (hereinafter “H”).

Accordingly, on January 21, 2017, the Plaintiff transferred KRW 4.6 million to the account in the name of C, and KRW 41.4 million to the account in the name of H on January 31, 2017.

At the time, C entered B as a practicing licensed real estate agent in the lease contract.

C, even though the Plaintiff received the full amount of the deposit of the lease deposit of KRW 46 million from the Plaintiff, G, the actual owner of the instant building, entered into a lease agreement of KRW 5,80,000,000 monthly rent of KRW 5,000,000, and acquired the difference of the deposit amount of KRW 41,000.

E. C acquires money from many victims under the name of the deposit money by means of the same method as the above crime against the Plaintiff at that time, and was prosecuted for the crime, etc.

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