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(영문) 서울중앙지방법원 2015.08.20 2014가합43743
손해배상(기)
Text

1. Defendant D’s KRW 130,000,000 as well as 5% per annum from July 9, 2013 to March 4, 2015 to the Plaintiff.

Reasons

1. The following facts of the Plaintiff’s assertion of the premise facts are deemed to have been led by the said Defendant pursuant to Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant D. The above facts may be acknowledged by comprehensively taking account of the respective descriptions of the Plaintiff’s Association, the Defendant’s Association, the Defendant’s Association, the Defendant C, and the Plaintiff’s Association, the evidence Nos. 1 through 3, 5, 6, 8 through 11, and Eul’s evidence Nos. 1 and 2 (including each number if any) and the entire arguments

The plaintiff in relation to the parties B.

The lessee and Defendant D are the lessor of the lease agreement as seen in the subsection.

Defendant E is the husband of Defendant D.

Defendant B and C are licensed real estate agents.

The Defendant Association concluded each mutual aid agreement with Defendant B and C by setting the respective mutual aid period from April 27, 2012 to April 26, 2013, and Defendant C from November 5, 2012 to November 5, 2013, as a mutual aid program that guarantees the liability for damages to be borne by a mutual aid holder, who is a real estate broker, to incur property damage to a transaction party by intention or negligence while acting as a real estate broker, as a mutual aid program.

Article 27(3) of the Regulations on Mutual Aid Business Handling by the Defendant Association provides that “When requested to pay mutual aid money by a beneficiary, it shall be paid within 60 days from the date of such request.”

B. On January 7, 2013, under the brokerage of Defendant B and C, the Plaintiff entered into a lease agreement with Defendant D on the following terms: (a) the Plaintiff entered into a lease agreement with Defendant D on the instant building site F 4 site and building (hereinafter “the instant site and building site” in this case; hereinafter “the instant real estate upon combination”) with the Plaintiff, with the following terms (hereinafter “instant lease agreement”).

On the same day, the Plaintiff paid KRW 13,000,000 out of the deposit to Defendant D.

Deposit: The date of payment of deposit of KRW 130,000: 13,00,000 at the time of a contract, and the date of delivery of balance ( KRW 117,000,000) on March 15, 2013: the period of lease on March 15, 2013;

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