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(영문) 서울중앙지방법원 2017.04.20 2015가단5398950
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As a licensed real estate agent, Defendant B entered into a mutual aid agreement with the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) to compensate for the liability for damages to be borne by a third party in connection with brokerage business by setting the period from April 11, 2010 to April 10, 201.

B. On July 31, 2010, the Plaintiff entered into a lease agreement between Defendant B and C with respect to the Yongsan-gu Seoul Metropolitan Government DB01 (hereinafter “instant building”) owned by C during the period from August 28, 2010 to August 28, 2012.

At the time, the instant building was subject to the right to collateral security of KRW 188,50,000,000,000 for the maximum debt amount under the name of the North Korean Agricultural Cooperative, and upon the recommendation of the Defendant B, the Plaintiff and C agreed to reduce the said loan to KRW 12,00,000,000,000,000, and thereafter, received delivery of the instant building after confirmation by the Plaintiff.

(hereinafter referred to as the “first contract”). (c)

In September 2012, the Plaintiff agreed to renew the first contract with C and security deposit amounting to KRW 12 million upon the expiration of the period of the first contract. On September 1, 2012, the Plaintiff asked Defendant B to visit the brokerage office of Defendant B to prepare the lease contract. Accordingly, Defendant B prepared a written contract stating the deposit amount of KRW 72 million and the period from August 28, 2012 to August 28, 2014 in the broker column with the broker column, and received KRW 12 million with each other’s signature or seal affixed thereon and received the increased deposit amount of KRW 12 million.

(hereinafter “Secondary Contract”). At the time, the Plaintiff and C did not pay a brokerage commission to Defendant B, and the Defendant B did not demand it.

However, on October 21, 2014, the mortgagee of the right to collateral security.

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