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(영문) 창원지방법원통영지원 2015.11.27 2015가단20574
손해배상(기)
Text

1. The Defendant: (a) KRW 24,00,000 to Plaintiff A; and (b) KRW 18,00,000 to Plaintiff B; and (c) each of them, from October 8, 2015 to November 2015.

Reasons

1. Facts of recognition;

A. On July 13, 201, the Defendant entered into a mutual aid agreement with C, a licensed real estate agent, with the terms and conditions that the broker should pay the mutual aid money to the client if the broker is liable for damages arising from the broker’s act. On July 22, 2012, the Defendant entered into a mutual aid agreement with the terms and conditions that the Defendant should pay the mutual aid money to the client. On July 22, 2012, the Defendant again entered into a mutual aid agreement with the same terms and conditions that the period of mutual aid from July 23, 2012 to July 22, 2013.

B. On June 19, 2012, Plaintiff A entered into a contract under which the term of 304 units of the multi-family house located on the ground of C (hereinafter “instant multi-family house”) located on the land of C (hereinafter “instant site”) from D as a broker, with the term fixed from June 19, 2012, and the term of lease from June 29, 2012 to June 28, 2014 (hereinafter “instant lease contract”). Plaintiff A paid KRW 60 million to D around that time. On June 19, 2012, Plaintiff A completed the move-in report under the aforementioned subparagraph 304, and received the fixed date of the instant lease contract under the instant first lease contract.

C. On August 23, 2012, Plaintiff B entered into a contract on the lease deposit amounting to KRW 60 million among the instant multi-family houses located on the ground of the instant site from D as a broker of C, and the lease period from August 31, 2012 to August 30, 2014 (hereinafter “instant lease contract”). Plaintiff B paid KRW 60 million to D around that time, and completed the move-in report under the foregoing subparagraph 301 and received the fixed date under the instant lease contract under the instant lease contract (hereinafter “instant lease contract”).

At the time of each of the instant lease agreements, the instant site and the instant multi-family house were set up with the maximum debt amount of KRW 520 million, the debtor F, and the fisheries cooperative with the person holding the right to collateral security (hereinafter “instant right to collateral security”).

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