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(영문) 수원지방법원안산지원 2016.09.06 2015가단104428
공제금 등 청구의 소
Text

1. The Plaintiff, ① Defendant B’s KRW 34,700,000 and the interest rate of KRW 15% per annum from September 13, 2015 to the date of full payment, ② Defendant.

Reasons

1. Facts of recognition;

A. On October 30, 2014, the Plaintiff purchased 620,000,000 the 3rd apartment houses from Defendant B as a broker by means of Defendant C’s brokerage, the Plaintiff paid the remainder of KRW 41,000,000,000 by deducting the lessee’s total deposit amount of KRW 41,00,000,00 from the remainder of KRW 520,000,00,000, each of the down payment and intermediate payment.

B. The Plaintiff was notified of the lessee’s deposit from the Defendant B as follows.

- B101: Monthly rent of 220,000 won for one million won: 220,000 won for one million won for one of the rental deposits - B103: 20,000 won for monthly rent of 400,000 won for - 2,50,000 won for 1 million won for the rental deposit - 2,50,0000 won for monthly rent of 2.1 million won for 2.2 million won for 2 million won for 3 million won for the rental deposit: 2.3 million won for 3 million won for 3 million won for 3.2 million won for 3 million won for 3 million won for 3 of the rental deposit: 2.8 million won for 2 million won for 3 million won for 3 million won for 3 million won for 2 million won for 2 million won for 1 million won for 2.2 million won for 3 million won for 2 million won for 1 million won for one for 3 the rental deposit.

C. As above, Defendant B acquired 34,700,000 won (20,000,000 +17,000,000-30,000-2,000-2,000,000) in excess of the deposit that belongs to the Plaintiff.

【Non-Dispute】

2. Whether the Defendants’ liability is established and the scope thereof

A. The defendant B is liable to compensate the plaintiff for the total amount of damage as the tortfeasor B.

B. Defendant C and the Korea Licensed Real Estate Agent Association are Defendants B. in the course of mediation by Defendant C.

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