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(영문) 서울중앙지방법원 2016.05.04 2015가단5105202
손해배상(기)
Text

1. The Defendants jointly share KRW 14,583,520 with respect to the Plaintiff, and ① Defendant B shall be from March 15, 2016 to May 4, 2016.

Reasons

1. Basic facts

A. The lease contract 1) Defendant C Co., Ltd. (hereinafter “C”)

(2) On November 18, 2013, Defendant C entered into a lease agreement with D to pay KRW 10 million on July 30, 2015 (including value-added tax) of its duration from November 30, 2013 to July 30, 2015; Defendant C did not pay KRW 52,90,000,000,000,000,000 for monthly rent from November 30, 2013 to August 30, 2015.

B. The Plaintiff’s sub-lease contract of this case 1) The Plaintiff is a company that runs the retail business of steel materials. Defendant B is a licensed real estate agent that runs the real estate brokerage business under the trade name of F Licensed Real Estate Agents’ Office.

On September 25, 2013, Defendant B entered into a mutual aid agreement with the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Association”) with the content that, in the event that Defendant B caused property damage to a transaction party due to intention or negligence in mediating, the Defendant Association shall compensate for the damage within the limit of KRW 100,000,000,000, and that, from October 6, 2013 to October 5, 2014, the Defendant Association entered into a mutual aid agreement with the mutual aid agreement.

3) As a broker of Defendant B, on September 18, 2014, the Plaintiff entered into a sublease contract with the Plaintiff to pay KRW 660,000,000 as the last day of each month, and to pay KRW 5,00,000 as the deposit, and KRW 5,00,000 as the monthly rent, among the instant factories leased by the said company from Defendant C (hereinafter “instant sublease contract”).

C. C. The Defendant C filed a claim against the lessor D for the delivery of the instant building to the Defendant C. After the conclusion of the instant sub-lease contract, Defendant C paid the lessor the overdue amount of KRW 25 million on September 30, 2014, and KRW 5 million on November 5, 2014.

2D terminated the lease contract in the amount of 64,50,000 won in arrears as of December 1, 2014.

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