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(영문) 의정부지방법원 고양지원 2018.10.05 2017가단12878 (1)
손해배상
Text

1. The Defendant jointly with C and D, as well as KRW 27,510,00,00 for the Plaintiff and its related thereto, from May 8, 2016 to October 5, 2018.

Reasons

In fact, recognition C is a licensed real estate agent who is operating the F real estate broker office in E in so-called “F real estate broker office,” and D is a brokerage assistant working in the above brokerage office.

On December 22, 2015, the Defendant entered into a mutual aid agreement with C, setting the mutual aid amount of KRW 100 million from December 23, 2015 to December 22, 2016, with the content that compensates the transaction parties for property damage caused by intention or negligence in the course of real estate brokerage.

On February 2016, the Plaintiff requested D to mediate a housing lease agreement.

D deceiving the Plaintiff as if the owner of G and H (hereinafter “instant housing”) was delegated both the authority to enter into a lease agreement on behalf of I, and the authority to receive the lease deposit and the rent on behalf of I.

As of March 4, 2016, the Plaintiff entered into a contract with D to lease the instant housing amounting to KRW 10 million from the lessor I and KRW 150,000 per month of rent, between the Plaintiff and D.

(hereinafter “instant first lease agreement”). At the request of D, the Plaintiff paid KRW 10 million to C with the account in the name of C on March 4, 2016, and KRW 300,000,000 as the said lease deposit until April 5, 2016.

As of March 5, 2016, the Plaintiff prepared a contract with D to lease the instant house from D with the lessor I as the lease deposit amount of KRW 40 million and the lease term of KRW 24 months from April 15, 2016.

(hereinafter “instant secondary lease agreement”). At the request of D, the Plaintiff paid KRW 30 million to the account in the name of C by April 15, 2016, as the said lease deposit.

D As above, only one million won out of the lease deposit and rent 40,300,000 won received from the Plaintiff was paid to I, and the remainder is another real estate transaction unrelated to the Plaintiff.

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