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1. Defendant B’s KRW 88,00,000 and annual 5% from December 23, 2015 to July 26, 2018, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. On March 14, 2015, at the E Licensed Real Estate Agent Office located in Yangcheon-gu Seoul Metropolitan Government, the Defendant prepared and issued the Gangseo-gu Seoul Metropolitan Government Rental Contract for Apartment G (hereinafter “instant apartment”) with respect to lessor H, lessee I, and deposit KRW 320 million, term of existence up to March 14, 2017 (hereinafter “instant rental contract”).
B. In the instant lease contract, the term “this contract is written as follows: “The extension of the lease on a deposit basis for the existing amount of the lease on a deposit basis” and “the lessor shall cooperate with the lessee in the withdrawal of the lease on a deposit basis.”
C. On March 30, 2015, the Plaintiff entered into a loan agreement with I as collateral to I to lend KRW 220 million to I at an annual interest rate of 6.9% (hereinafter “instant loan agreement”). On the same day, the Plaintiff entered into an agreement with I on the assignment of claims for the refund of the deposit for I’s deposit to H with I, and I sent the notice of the assignment of claims on April 1, 2015 to H’s address (Seoul Yangcheon-gu J and K) stated in the instant lease agreement.
Meanwhile, while entering into the instant loan agreement, the Plaintiff received from I a pre-sale agreement on January 5, 2014 between the instant pre-sale agreement and H and I (hereinafter “the pre-sale agreement”). The pre-sale agreement on January 5, 2014 states H’s telephone number as “L” and the M Licensed Real Estate Agent Office and N Licensed Real Estate Agent Office are written as a broker.
E. However, in fact, on July 5, 2013, an apartment lease contract was entered into between H andO (I’s birth) with respect to the instant apartment, and the lease contract for the apartment was entered into between H and I (the lease contract was not actually entered into between H and I). The lease contract for the apartment is entered into between H and I as the lessor and H and the lessee.