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(영문) 서울중앙지방법원 2019.10.30 2017가합579298
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B: 160,000,000;

B. Defendant D and E Co., Ltd are jointly with Defendant B.

Reasons

1. Basic facts

A. On April 15, 2017, the Plaintiff entered into a lease agreement and a guarantee insurance contract (1) with Defendant D, a licensed real estate agent, as the broker of Defendant D, on April 15, 2017, and the nine-story building located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant building”).

A) Of the period, a lease agreement is concluded between KRW 160,000,000 and the lease period from May 20, 2017 to May 19, 2019 (hereinafter “instant lease agreement”).

(2) On May 20, 2017, the Plaintiff: (a) paid to Defendant B a deposit of KRW 160 million by May 20, 2017; and (b) occupied the said G on May 23, 2017; and (c) received the fixed date by filing a move-in report on the same day.

In addition, on May 21, 2017, the Plaintiff paid 450,000 won to Defendant D.

3) Defendant E Co., Ltd. (hereinafter “Defendant E Co., Ltd”).

Around February 16, 2017, Defendant D entered into a guarantee insurance contract with Defendant D with the effect that, in the course of performing real estate brokerage as provided by the Licensed Real Estate Agents Act, Defendant D intentionally or negligently causes damage to a transaction party in the course of performing real estate brokerage as provided by the Licensed Real Estate Agents Act, the payment of insurance proceeds within the limit of KRW 100 million (hereinafter “instant guarantee insurance contract”).

B. B. At the time of the lease agreement, the instant building and its site were set up by the Seoul Central District Court No. 30039, Feb. 20, 2017, which was received on February 20, 2017, which became the maximum debt amount of KRW 912 million, and the right to collateral security (hereinafter “priority collateral security”) with respect to the instant building and its site.

2. In addition, in the building of this case, lessees with a prior fixed date than the Plaintiff entered into a lease agreement and reside therein, but the amount of the deposit and the details of the fixed date are as follows.

K L 150,000,000 won on February 24, 2017, 2012 February 24, 2017, the fixed date of 1 I J 70,000,000,000 on the date of transfer of deposit for lease in a family room with the name of priority.

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