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(영문) 서울중앙지방법원 2019.04.11 2018가단25692
구상금 청구의 소
Text

1. The Defendant’s KRW 31,325,457 as well as 5% per annum from February 14, 2018 to April 30, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant as the parties and D are licensed real estate agents engaging in real estate brokerage business, and the plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with the defendant and D to compensate for the damage within the limit of the amount of the amount of the mutual aid subscription (each KRW 100 million) where the defendant and D are liable for damage under the Licensed Real Estate Agents Act because they intentionally or negligently cause property damage to the parties to a transaction in arranging real estate transactions during the mutual aid period (from March 30, 2010 to March 29, 201; from November 25, 2010 to November 24, 201) between the defendant and D.

B. (1) On February 6, 2011, E entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, a licensed real estate agent, and D, with F, with respect to the Namyang-si G Apartment-si (hereinafter “instant real estate”) owned by F, the deposit amount of KRW 100 million (the contract deposit of KRW 10 million shall be paid at the time of the contract and the remainder of KRW 90 million shall be paid on February 28, 201), and the term of the lease agreement was from February 28, 2011 to February 27, 2013 (hereinafter “instant lease agreement”). The lease agreement was concluded between F and F, and the down payment of KRW 10 million on February 7, 2011.

(2) At the time of the conclusion of the instant lease agreement, each of the following is written: “The instant real estate is subject to the establishment registration of a mortgage-backed property first group (a transfer to J J Co., Ltd.; hereinafter “J”), the maximum debt amount of KRW 198 million, the debtor F, and the establishment of a mortgage on April 26, 2010.” Of the special terms and conditions of the instant lease agreement, “The lessor shall repay KRW 90 million on the basis of the remainder of the lease agreement and substitute by receipt,” and “a repayment of KRW 50 million shall be made by July 201.”

(3) On February 28, 2011, E pays to F the remainder of the lease deposit of this case KRW 90 million, which is the remainder of the lease deposit of this case, and he/she completed the move-in report on March 1, 201 after he/she was a director of the instant real estate and completed the move-in report on March 2, 201.

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