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(영문) 수원지방법원여주지원 2014.12.04 2014가합900
손해배상(기)
Text

1. The Defendants: (a) each of the Plaintiff KRW 84,00,000; and (b) Defendant B, from April 23, 2014, shall be the Defendants.

Reasons

1. Basic facts

A. Defendant B is a real estate broker, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is an organization established with real estate brokers as its members, and is engaged in the mutual aid business to guarantee the transaction party’s liability for damages arising from the conduct of brokerage.

Defendant B subscribed to a mutual aid agreement with the Defendant Association with a limit of 100,000,000 won.

B. On September 27, 201, the Plaintiff, as a broker of Defendant B, leased the Plaintiff’s lease deposit amounting to KRW 140,00,000 for the building of Gyeonggi-gun E (hereinafter “instant building”) and for the land of Gyeonggi-gu E (hereinafter “instant land”) on the said land (hereinafter “instant land”) (14,00,000 won for the contract date, the intermediate payment of KRW 66,00,000 for the contract date, October 28, 201, and the intermediate payment of KRW 60,000 for the remainder payment of KRW 60,00,000 on December 13, 201), from December 13, 2011 to December 13, 2013).

(hereinafter “instant lease agreement”). C.

On the other hand, at the time of the instant lease agreement, the instant land and the building on the ground thereof (as seen in the front and rear, the building in question is not recognized as identical to the instant building) were set by the second-class collateral security right, which is the first-class maximum debt amount of 74,100,000 won and the F-class maximum debt amount of 110,000,000, respectively, for a new mutual savings bank (hereinafter “stock company”).

Before the conclusion of the instant lease agreement, as the Plaintiff was uneasying that the amount of the secured obligation of each of the above secured claims is excessive, D was the actual ownership of the instant building, and only its name C, and it stated that “When the Plaintiff pays the remainder, D would register the amount of the secured obligation of senior secured claims to be reduced to KRW 100,000,000,000” within five days, and entered it in the instant lease agreement as a special agreement (hereinafter “instant special agreement”).

The Plaintiff promised.

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