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1. The defendant's KRW 39,416,166 as well as 5% per annum from March 24, 2020 to August 18, 2020 to the plaintiff.
Reasons
1. Basic facts
A. On May 20, 2015, the Plaintiff entered into a lease agreement and a mutual aid agreement. On May 20, 2015, the instant multi-family house located in E (hereinafter “instant multi-family house”) from D as a broker of C, a licensed real estate agent.
(F) The term “lease” was fixed from June 27, 2015 to June 27, 2018, as the lease deposit amount of KRW 90,000,000, and the term of lease (hereinafter “instant lease agreement”).
(2) On May 28, 2015, the Plaintiff obtained a fixed date and received a move-in report on June 24, 2015. On June 27, 2015, the Plaintiff paid and moved-in all of the aforementioned deposits. (2) C entered into a mutual aid agreement with the Defendant to compensate for the damages suffered by the intermediary accident during the period of mutual aid, within KRW 100,000,000.
B. At the time of the lease agreement, the instant multi-family house is a four-household new building, and two households were occupied at the time of the Plaintiff’s occupancy.
At the time of entering into the instant lease agreement, the right to collateral security was set up on December 15, 2014, which was the maximum debt amount of KRW 195,00,000,000 on the site of the instant multi-family house as of June 24, 2014, and the maximum debt amount of KRW 210,000,000. The aggregate of the deposit amount of the two senior lessees was KRW 180,000,000 around the time of moving into the Plaintiff.
C. C’s brokerage and explanation C, while mediating the Plaintiff’s lease agreement, provided that the Plaintiff had a collateral security of KRW 195,00,000 and KRW 210,00,000 on the land for the instant multi-family house, and provided explanation that the total amount of the deposit to be occupied in priority is KRW 180,000,000, or without entirely stating in the legal relationship column for the confirmation and explanation of the object of brokerage attached to the instant lease agreement, or provided a description verifying the object of brokerage to the Plaintiff.
Although the auction procedure and the instant multi-family house were in progress with respect to the auction procedure and dividends, the appraisal value as of January 17, 2019 on the instant multi-family house and land was KRW 874,045,920.