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1. For the Plaintiff (Counterclaim Defendant):
A. Defendant E and G jointly share KRW 8.4 million and those related thereto from August 7, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On June 13, 2016, the Plaintiffs: (a) signed the exclusive brokerage contract (hereinafter “the exclusive brokerage contract of this case”) with the content of entrusting the right to conclude a monthly rent lease contract for multi-household housing (urban life housing-studio-studio; hereinafter “instant housing”) located in Gangnam-gu Seoul Metropolitan Government I (Road Name Address: Gangnam-gu), which is owned by the Plaintiffs, as the broker broker Defendant G, running the instant brokerage office (hereinafter “H Licensed Real Estate Office”); and (b) the said exclusive brokerage contract of this case has been extended.
B. On June 22, 2017, Defendant G’s son, who actually operated the instant brokerage office, concluded a lease agreement with Defendant D on deposit of KRW 1.4 million, monthly rent of KRW 1.3 million (5% per annum), and the term of lease from June 26, 2017 to June 25, 2018 (hereinafter “instant lease agreement”).
C. Defendant D paid KRW 1.4 million deposit and annual rent of KRW 16.8 million to Defendant G’s account managed by Defendant E, and resided in the instant leased house upon delivery.
Defendant E issued to the Plaintiffs a rental agreement from June 26, 2017 to December 25, 2017 (six months) only for the lease term of the instant lease agreement, and Defendant E paid KRW 8.4 million out of the annual rent of KRW 1.4 million received from Defendant D in advance, and arbitrarily consumed the remainder KRW 8.4 million.
[Ground of recognition] Facts without dispute, Gap 1, 4, 5, and 6, the result of defendant E-Examination, the purport of the whole argument
2. Determination as to the principal lawsuit
A. The instant lease agreement setting the lease period of one-year as one-year for the main claim is null and void as it is an act of non-exclusive representation of Defendant E, which was concluded without the Plaintiffs’ delegation.
Defendant D leased the instant leased house for six months.