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(영문) 대전지방법원 2018.07.20 2018가단5932
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 45,990,00 and interest rate of KRW 15% per annum from March 24, 2018 to the date of full payment.

Reasons

1. On November 29, 2016, Defendant C, a practicing licensed real estate agent having basic facts, concluded a mutual aid agreement with the Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) from November 29, 2016 to November 28, 2017 with a mutual aid agreement with KRW 100 million (hereinafter “instant mutual aid agreement”).

Defendant C lent Defendant C’s licensed real estate agent’s license to Defendant C from November 28, 2016 to May 10, 2017. In return, Defendant C paid KRW 450,000 per month to Defendant C, and Defendant C operated “E licensed real estate agent” in Daejeon Tae-gu, Daejeon and 103 during the said period.

around November 28, 2016, Defendant C reported Defendant B as his brokerage assistant.

Defendant B was delegated by the owner G of the building 205, Seo-gu, Daejeon (hereinafter “instant building”) located in the Seo-gu, Daejeon (hereinafter “instant building”) to conclude a monthly rent contract.

However, around January 2017, Defendant B, while mediating a lease agreement on the instant building, deceiving the Plaintiff as if he had brokered the lease contract on the deposit amount of KRW 46 million, and had the Plaintiff remit the deposit amount of KRW 46 million to his own account and to the account in the name of H (hereinafter “H”) established by himself.

Accordingly, on January 23, 2017, the Plaintiff remitted 4.6 million won to the account in the name of Defendant B, and 4.1 million won to the account in the name of H on February 15, 2017, and Defendant B acquired the above 46 million won.

At the time, Defendant B entered Defendant C as a practicing licensed real estate agent in the pre-contract, and the Plaintiff paid KRW 150,000 to Defendant B as a licensed real estate agent fee.

Defendant B obtained money from many victims under the name of the deposit money at around that time under the same law as the above crime against the Plaintiff, and was prosecuted for the crime.

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