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(영문) 서울중앙지방법원 2017.08.10 2016가단5242313
손해배상(기)
Text

1. Defendant C and the Korea Licensed Real Estate Agent Association shall each of the plaintiffs A at KRW 20,900,000, and the same shall be applicable thereto.

Reasons

1. Facts of recognition;

A. Defendant C is a licensed real estate agent conducting real estate brokerage in the name of “F Real Estate Office” in Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon Metropolitan City; Defendant D is a licensed real estate agent conducting each real estate brokerage in the name of “H Licensed Real Estate Agent Office G from Seocheon-gu, Seocheon-gu; Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity which entered into a mutual aid agreement with Defendant C and D to compensate for the damage within the limit of KRW 100 million each amount of the subscription amount (hereinafter “mutual aid agreement of this case”) during the respective mutual aid period (from February 25, 2014 to February 24, 2015 and September 26, 2014).

B. On February 23, 2015, Plaintiff A, as a broker of Defendant C, concluded a lease agreement with the lessor, under which Plaintiff A would enter into the said lease agreement with the lessor to lease KRW 406,00,000 for lease deposit of KRW 38 million, and for the lease period from February 23, 2015 to February 22, 2017, with a fixed date fixed on February 23, 2015, and completed the move-in report on February 24, 2015 after receiving a move-in report with the lessor on February 23, 2015.

C. On April 10, 2015, Plaintiff B entered into a lease agreement with Defendant D’s broker to lease the instant building 207 KRW 55 million, and the lease period from May 28, 2015 to May 27, 2017, and completed the move-in report after obtaining a fixed date on May 8, 2015.

At the time of conclusion of each of the above lease agreements, the establishment registration of the neighboring mortgage of one bank, a corporation with the maximum debt amount of 60 million won, was completed. In the case of the plaintiff A, 23 senior lessees, and the sum of the lease deposit was KRW 882,50,000. In the case of the plaintiff B, 24 senior lessees were the same, and the aggregate of the deposit amount was KRW 92,50,050.

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