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(영문) 서울중앙지방법원 2020.02.20 2019가단5152886
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 150,00,000 and 12% per annum with respect thereto from July 12, 2019 to the date of complete payment.

Reasons

1. The fact of recognition ① The defendant is a licensed real estate agent operating the D Licensed Real Estate Agent Office, and the defendant Association is a mutual aid business operator who has entered into a mutual aid agreement with

② On December 30, 2015, the Plaintiff was a new loan from Nonparty E (hereinafter “Nonindicted”) as the Defendant’s broker through a reconstruction project, i.e., Seoul Seongbuk-gu Seoul and one multi-household G on the ground.

He entered into a contract to lease H (hereinafter “the instant lease”) 2.4 million won (hereinafter “the instant lease”) and paid 1.5 million won (hereinafter “the instant deposit”) in total of KRW 1.4 million in down payment and intermediate payment of KRW 1.5 million (hereinafter “the instant deposit”).

③ The non-party, who was the head of the association of the instant loan’s existing multi-household housing reconstruction project, transferred its ownership to the non-party J Co., Ltd. (hereinafter “J”) on the grounds of trust on June 5, 2015. However, upon the payment of the remainder due to the terms and conditions of the instant lease agreement, the non-party’s transfer of ownership to the non-party in J was not possible despite the arrival of February 15, 2016, which was the payment deadline for the remainder, and the non-party and the plaintiff moved into the instant loan without paying the remainder of ownership. On the recommendation of the non-party and the defendant, on March 31, 2016, drafted a written confirmation (Evidence No. 4) that “the Defendant would be jointly and severally liable at the time of the instant accident” to the Plaintiff on March 31, 2016.

(4) However, around November 2019, following the failure of the foregoing new loan and the aggravation of the financial status of the Nonparty, etc., the households entrusted to J, including the loan of this case, were subject to a disposition of public sale. Accordingly, a number of lessees who paid the lease deposit to the Nonparty, including the Plaintiff, were considered to have suffered damages up to the present day, and the Nonparty was indicted for fraud and currently under criminal trial on the charge of the victims.

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