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(영문) 전주지방법원군산지원 2014.06.03 2013가단1780
손해배상(기)
Text

1. The Defendants: KRW 68,00,000 for each Plaintiff and KRW 5% per annum from February 19, 2013 to June 3, 2014; and

Reasons

1. Facts of recognition;

A. On September 27, 2010, Defendant C, as a broker assistant of Defendant B, who operates a licensed real estate agent D, was commissioned by F, the actual disposal authority, for the entire multi-household housing including the first floor No. 101 (hereinafter “instant housing”), to engage in lease brokerage, and thereafter requested by the Plaintiff for the lease brokerage of the said housing.

B. On January 31, 201, Defendant B was delegated with the right to lease the instant housing from G, the owner of the instant housing.

C. On February 10, 201, the Plaintiff: (a) leased the instant house with Defendant B, who represented G, with the term of KRW 85,00,000, and the term of lease from March 8, 201 to March 7, 2013; (b) agreed to pay the lease deposit to Defendant C’s wife H’s account (hereinafter “instant lease agreement”); and (c) Defendant B arranged the said lease.

At the time of the conclusion of the instant lease agreement, the establishment registration of a neighboring mortgage, which is the maximum debt amount of KRW 106,00,000, the debtor G and the mortgagee of the right to collateral security, was completed. However, the Plaintiff agreed to cancel the registration of the establishment of a neighboring mortgage and complete the registration of the establishment of a first priority lease until the time of moving into the said housing due to the special terms and conditions under the said lease agreement with Defendant B, who represented G, and

E. At the time of the conclusion of the instant lease agreement, Defendant C provided an explanation to the Plaintiff regarding the said special agreement while assisting the above lease brokerage at the D Licensed Real Estate Agent Office.

F. On February 10, 201, on the date of the conclusion of the instant lease agreement, Defendant C transferred the down payment of KRW 16,000,000 among the lease deposit and the brokerage commission of KRW 425,00 from the Plaintiff to his wife H’s account, and paid the down payment to F’s wife at that time.

G. On March 11, 2011, Defendant C’s statement from F to F that documents necessary for the cancellation of collateral security have not been prepared by telephone at the office of licensed real estate agents. The Plaintiff is the Plaintiff.

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