(영문) 수원지방법원안산지원 2016.09.20 2015가단106073

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(영문) 수원지방법원안산지원 2016.09.20 2015가단106073

손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from May 13, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff, as a broker of the Defendant, a licensed real estate agent operating the “C Licensed Real Estate Agent Office”, concluded a lease agreement (hereinafter “instant lease agreement”) with the deposit amount of KRW 90,000,000 on October 11, 2014, between October 16, 2014 and October 16, 2016, on October 16, 2014, with the remainder payment date of KRW 302 (hereinafter “instant building”).

B. At the time of the conclusion of the instant lease agreement, the establishment of a mortgage on the instant building (the first mortgage), the mortgagee F, the maximum debt amount of 420,000,000 won (the second mortgage) was completed, respectively, at the time of the conclusion of the instant lease agreement. The special terms and conditions of the instant lease agreement stipulate that “The lessee shall cancel the said lease at the time of the remainder of 20,000,000 won (the second mortgage) and the first mortgage shall be cancelled before and after November 30, 2014, as the principal shall be 30,000,000 won (the first mortgage) and the lessee shall be re-written as 130,000,000 won (the first mortgage) and the lease shall be re-written as 130,000,000 won (the first mortgage) if the lessee wishes to be settled, the lease shall be deducted within three months after the lapse of 3 months. It shall be subject to reduction of the lease interest and management.”

C. The Plaintiff paid KRW 500,000 to D’s agent G on the date of the instant lease agreement, and remitted KRW 79,500,000 to the Defendant as a security deposit for the instant lease agreement, respectively, on October 13, 2014, and KRW 10,000,000 on October 15, 2014.

Each of the instant mortgages on the instant building did not have been cancelled even after the lapse of each of the instant mortgages, and on November 4, 2015, the voluntary auction of the instant building was initiated and adjudicated, but the Plaintiff did not receive any distribution at all in the said voluntary auction procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10, 11, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff.

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