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(영문) 서울중앙지방법원 2016.08.17 2015나59947
보증금반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall provide real estate listed in the attached list from the plaintiff.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the court of first instance, except for the addition of the judgment of the Plaintiff as to the employer’s liability at the court of first instance to the following addition, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 4

2. The plaintiff's assertion that the plaintiff is the employer who caused C to perform the rental business of the apartment in this case and is liable for the employer's tort in this case. Thus, the plaintiff is also liable for the additional payment of KRW 30 million after deducting 25% of the portion of the plaintiff's negligence from the deposit increased as damages incurred by the tort in this case, not only KRW 10 million, but also KRW 40 million.

3. Facts of recognition;

A. C is a person who has operated a licensed real estate agent office in the name of D Licensed Real Estate Agent in the apartment commercial building of this case with the defendant's remaining living together.

B. On July 14, 2007, the Plaintiff, at the above Licensed Real Estate Agent Office, leased the apartment of this case owned by the Defendant from the Defendant as a broker, at KRW 10 million (the contract amount of KRW 1 million on the date of the contract, the remainder of KRW 9 million on August 27, 2007), KRW 650,000 monthly rent (payment on August 27, 2007), and the lease term from August 27, 2007 to August 26, 2009 (hereinafter “the lease of this case”).

C. The lease contract of this case was concluded between the Plaintiff and C representing the Defendant (C is an intermediary for the lease contract of this case and the lessor’s agent for the Defendant), and the lessor’s name was only indicated without affixing a seal, and the address, resident registration number, and telephone number of the Defendant was not indicated, and the lessor’s agent’s address, resident registration number, and name and seal C are only indicated in the lessor’s agent’s name, resident registration number, and C’s name and seal, and as a special agreement, the term “the lessor is present at the remainder of the lease contract.”

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