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(영문) 부산지방법원 2014.12.19 2014나43097
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Reasons

1. Facts of recognition;

A. B is a licensed real estate agent who operates the D Licensed Real Estate Agent Office under Article 102 of the Busan Young-gu C Building 102, and E is a non-registered brokerage assistant of the said brokerage office.

B. On February 29, 2012, the Defendant entered into a mutual aid agreement with B, with the content that, between February 29, 2012 and February 28, 2013, the amount of mutual aid specified as KRW 100 million and that, in the event that B, who is a mutual aid holder, intentionally or negligently, causes property damage to the transaction party in performing real estate brokerage, the Defendant would compensate for the damage suffered by the transaction party.

C. On April 5, 2012, E introduced (1512) to the Plaintiff, who colored an apartment building to be leased, the Plaintiff was entrusted with all the rights to enter into the lease agreement by the owner F, and then entered into a false contract with the owner F, and around April 11, 2012, the Plaintiff and B entered into a lease agreement (hereinafter “instant lease agreement”) with the following: (a) around April 11, 2012: (b) the Plaintiff and B’s brokerage office, with respect to the instant apartment, KRW 10,000,000 won, monthly rent of KRW 45,000,000,000 on the date of the contract; and (c) the remainder of KRW 45,00,000,000,000 on April 12, 2012.

E affixed B seal on the name of the broker in the above lease contract column. D.

Thus, until April 12, 2012, the Plaintiff paid to E a deposit of KRW 50 million and KRW 1.2 million monthly rent of KRW 1,200,000, and resided in the apartment of this case.

E. On April 15, 2013, F requested the Plaintiff to verify that he leased the instant apartment with a monthly deposit of KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

E From April 17, 2013, the Plaintiff up to April 24, 2013.

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