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1. The Plaintiff:
A. Defendant B’s KRW 70,000,000 and for this, KRW 5% per annum from July 12, 2018 to May 24, 2019.
Reasons
1. Basic facts
A. On April 22, 2017, Defendant C, as a licensed real estate agent, received KRW 600,000 per month from D, E, etc., and lent its brokerage office registration certificate to D, and D, E, and Defendant B, upon obtaining a loan from Defendant C, operated the H Licensed Real Estate Agent Office (hereinafter “H Licensed Real Estate Office”) in the F and G of Busan Dong-gu, Busan (hereinafter “instant brokerage office”) from May 10, 2017 to February 20, 2018.
B. On July 24, 2017, the Plaintiff entered into a lease agreement with Defendant B and Busan-gu Itel J (hereinafter “instant real estate”) and paid KRW 70,000,000 as the lease deposit. When entering into the said lease agreement, Defendant B was the actual owner of the instant real estate.
C. On July 25, 2018, in collusion with Defendant B (the location of which is unknown), Defendant B was sentenced to five years of imprisonment due to the fabrication and uttering of official documents, such as a family relation certificate, proxy, fabrication and uttering of private documents, and fraud against the Plaintiff, etc.; Defendant C was sentenced to six months of imprisonment due to a violation of the Licensed Real Estate Agents Act, etc.; Defendant C was sentenced to two years of suspended execution; and community service hours for 120 hours (Supreme Court Decision 2018Da555 Decided January 31, 2019). Defendant C appealed appealed against the appeal and was sentenced to dismissal from the Busan District Court on November 9, 2018 (the Busan District Court 2018No2832); Defendant C was sentenced to a judgment dismissing appeal from the Supreme Court on January 31, 2019.
(Supreme Court Decision 2018Do18873). [Grounds for recognition] The fact that there is no dispute, entry of evidence A 1 through 5, and the purport of the whole pleadings.
2. The assertion and judgment
A. According to the above facts of recognition as to the claim against Defendant B, Defendant B, as if he had legitimate authority without being delegated with the power to conclude a lease contract by K, deceiving the Plaintiff and acquired money from the Plaintiff, and Defendant B is liable to compensate the Plaintiff for damages caused by the tort.