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(영문) 서울중앙지방법원 2020.07.03 2019가단5051532
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C is 5% per annum from February 18, 2020 to July 3, 2020 with respect to KRW 40,000,00 and its amount.

Reasons

1. Facts of recognition;

A. Defendant B runs the real estate brokerage business under the name of “G Licensed Real Estate Agent Office” in Seo-gu, Daejeon E and F.

B. Nonparty H and I delegated the authority to enter into a monthly rent agreement on JB and receive monthly rent to Defendant C, who had worked as an employee of Defendant B from September 2012, as the owner of one half of the shares in Seo-gu, Seo-gu, Daejeon.

C. (1) On April 29, 2017, the Plaintiff prepared a real estate lease contract with the term of KRW 40 million with respect to Defendant C’s brokerage, with the term of KRW 40 million from April 29, 2017 to April 28, 2019, and paid the down payment of KRW 30 million on the day to Defendant C, and remitted the remainder to Nonparty C’s account.

The Defendant C was entrusted with the authority to conclude the monthly rent contract by H. However, it was false as if the Plaintiff was delegated with the authority to conclude the monthly rent contract, and the Plaintiff prepared and paid the monthly rent contract.

(1) On September 11, 2019, Defendant C was sentenced to the punishment of imprisonment for three years and four months at the Daejeon District Court (2019No937, 2019No1981, a consolidation) by fraud, etc. on September 11, 2019, and finally confirmed on November 8, 2019.

On March 21, 2019 due to the violation of the Licensed Real Estate Agents Act, etc., the same court was sentenced to a two-year suspended sentence of imprisonment for one year (2019dan80), and decided on June 21, 2019. E. The Defendant Association determined the deductible amount between Defendant B and the amount of KRW 100 million on December 29, 2016, and the deduction period from January 4, 2017 to January 3, 2018 and the mutual aid agreement was concluded. 【Defendant C: the judgment by service by public notice.

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