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(영문) 창원지방법원 2020.08.19 2019가단108711
공제금
Text

1. The defendant shall pay to the plaintiff KRW 11,000,000.

2. The costs of lawsuit shall be borne by the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On February 27, 2013, the Plaintiff entered into a lease agreement with the Sungwon-si Dtel E (hereinafter “instant officetel”) as a broker of a licensed real estate agent C on February 27, 2013, and the Defendant entered into a mutual aid agreement (i.e., a mutual aid agreement (i., a mutual aid agreement between November 8, 2012 and November 7, 2013) providing compensation for property damage to a transaction party when C intentionally or negligently causes property damage to the transaction party in the course of real estate brokerage.

B. At the time of 2013, the broker C entered into an agreement on the transfer of an officetel with the owner F of the instant officetel (the monthly rent) to the Plaintiff as if he was delegated by the owner F with the authority of proxy for the lessor to conclude the instant officetel lease (the instant officetel lease contract, but he did not know of the fact. As such, C entered into an agreement on the transfer of an officetel with the Plaintiff and the instant officetel as if he was entrusted with the signing of the agreement, he received the remainder of KRW 5,000,000 (the contract amount of KRW 4,000,000, the remainder of KRW 51,000,000,000, and the lease period of KRW 4,000,000 from March 30, 2013 to March 30, 2015), and received the contract amount of KRW 37,000,000,000,000 from the Plaintiff’s account transfer form.

B. The ownership of the instant officetel was transferred to G on November 13, 2014 to F for sale. G was issued an agreement on the instant officetel lease amounting to KRW 5,00,000, monthly rent of KRW 450,000 (monthly lease (monthly lease) between G made up by C as a broker and the Plaintiff.

C. Around 2019, G filed a suit against the Plaintiff for the claim for the delivery of the instant officetel with the Changwon District Court 2019Da13777, and the Plaintiff filed a counterclaim against G to seek payment of KRW 41,000,000 (the Changwon District Court 2019Da110172);

As a result of the instant case, the Plaintiff is on the date of conciliation opened on July 12, 2019.

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