beta
Text
1. Defendant B’s 20% per annum from July 18, 2015 to September 30, 2015 with respect to the Plaintiff KRW 61,831,010, and the following:
Reasons
1. Basic facts
A. Defendant B is the Defendants’ status 1) Defendant B’s title 102 Dong-dong 205 (hereinafter “instant apartment”) in Suwon-si, Suwon-si, Suwon-si, Suwon-si.
(2) The Defendant C is a licensed real estate agent, and the Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid provider which entered into a mutual aid agreement with the parties to a transaction with the terms of KRW 10 million, and the period of mutual aid between April 8, 2014 and April 7, 2015, with the terms of KRW 100,000,000 and KRW 700,000,000 per month of rent.
B. On November 27, 2014, the Plaintiff entered into a lease agreement with Defendant B, who misrepresented as Defendant C as Defendant C’s intermediary, to lease the instant apartment from the Defendant B, with the term fixed from December 19, 2014 to December 18, 2016 (hereinafter “instant lease agreement”), and paid KRW 80 million as lease deposit.
C. Defendant B’s criminal punishment, etc. (1) was indicted on the charge of forging and exercising the driver’s license of a motor vehicle in the name of Defendant B, forging and exercising private documents related to the opening of a bank account in the name of Defendant D, and defraudation of KRW 80 million against the Plaintiff, and was sentenced to four years of imprisonment on April 28, 2016 (Seoul Central District Court 2015No4564), and the said judgment became final and conclusive on May 10, 2016. (2) The Plaintiff received 8,168,990 won out of the lease deposit of the instant lease contract of this case from Defendant B, and received 10 million won of the monthly deposit from Defendant B.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. According to the above facts of claim against Defendant B, Defendant B is responsible for compensating for damages sustained by the Plaintiff due to a tort committed by fraud.