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(영문) 서울서부지방법원 2015.07.17 2014가단208807
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 45,00,000 and interest rate of KRW 20% per annum from May 11, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent who has operated a real estate brokerage office in Mapo-gu Seoul Metropolitan Government, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B with the parties to the transaction with compensation for property damage incurred to the parties to the transaction within the limit of the amount of insurance coverage, where Defendant B caused property damage to the parties to the transaction by intention or negligence in performing a real estate brokerage act.

B. Defendant B, upon receiving a request from the Plaintiff for real estate brokerage, intended to enable the Plaintiff to live in full terms in Mapo-gu Seoul EBB (hereinafter “instant building”), and the lease deposit amount is from October 10, 2010 to October 10, 2012 with respect to the said building. Defendant B entered into a lease contract with the Plaintiff by means of having the Plaintiff seal affixed a seal by presenting the real estate lease contract form with the name of F, the owner of the said building, and the name of the lessor (hereinafter “the lease contract of this case”). Defendant B returned the lease deposit amount of KRW 50,000 to the 1st floor of the building in Mapo-gu Seoul, Seoul, where the Plaintiff resided at the time of the conclusion of the said contract to return it from H and deliver it to the lessor, who is the lessor of the instant building.

On May 4, 2011, the Plaintiff completed a move-in report on the instant building.

C. However, Defendant B was delegated only by F with the authority to conclude a monthly rent lease agreement on the instant building, and did not have any authority to conclude a rent lease agreement or to receive a rent deposit, thereby deceiving the Plaintiff.

In addition, Defendant B stated that the instant building shall be KRW 5 million per month and KRW 500,000 per month and KRW 500,000 per month, and that it shall be liable in the column of the special agreement.

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