beta
Text
1. The Plaintiff:
A. Defendant B and C jointly share KRW 35,800,000 and one of them, as to KRW 135,000,000.
Reasons
1. Basic facts
A. Defendant C is a licensed real estate agent engaged in the real estate brokerage business under the trade name of D Licensed Real Estate Agents. Defendant B is the wife and intermediary assistant of Defendant C, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a juristic person that carries out mutual aid business to guarantee the liability for damages of practicing licensed real estate agents.
B. On September 12, 2007, Defendant C entered into a mutual aid agreement with the Defendant Association for compensation limit of KRW 50 million, and the period of mutual aid from September 12, 2007 to September 11, 2008 (hereinafter “instant mutual aid agreement”). The instant mutual aid agreement was renewed annually, and the compensation limit was increased to KRW 100 million from September 12, 2009.
C. On May 26, 2008, the Plaintiff entered into a lease agreement with Defendant B on behalf of the owner E on May 26, 2008 (hereinafter “instant housing”) with respect to the lease deposit of KRW 35 million and the lease term of KRW 30 million from June 18, 2008 to June 8, 2010 (hereinafter “instant lease agreement”). The Plaintiff paid KRW 35 million to Defendant B by June 18, 2008.
Since then, on November 16, 2015, Defendant B demanded the increase of the lease deposit, additionally paid KRW 80,000 to Defendant B the increased amount of the lease deposit.
E. However, even though Defendant B was delegated with the authority to enter into a lease contract with the monthly rent for the instant housing, and was not delegated with the authority to enter into a lease contract with the maximum amount of the deposit without monthly rent, Defendant B, as if he was delegated with such authority, by deceiving the Plaintiff, entered into the instant lease contract with the deposit amount of KRW 35 million without monthly rent, and obtained the payment of KRW 35,80,000 from the Plaintiff as above.
F. Defendant B was indicted for fraud, etc. by the Incheon District Court 2016Ra1 due to the act of defraudation, and convicted.