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Reasons
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(영문) 부산지방법원 2021.01.14 2019가단337512
손해배상(기)
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1. Defendant B’s KRW 150,000,000 as well as 5% per annum from October 25, 2019 to August 7, 2020, and August 8, 2020 to the Plaintiff.

Reasons

1. The basis for the request;

A. The parties 1) The defendant B is an authorized broker who operates an authorized broker office in Busan-gu, Busan-gu.

2) The Defendant C Association (hereinafter “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement with Defendant B and Defendant B with the content that compensates for the damage, setting the deductible amount as KRW 100 million from January 18, 2017 to January 17, 2018, where property damage was inflicted on the transaction party intentionally or by negligence in the course of real estate brokerage.

B. On March 14, 2017, the Plaintiff drafted a lease agreement between the Plaintiff and the Defendant B, setting the lease deposit amount of KRW 150,000,000, and the period from March 16, 2017 to March 15, 2019, with respect to the F&M building G (hereinafter “instant real estate”) owned by Defendant B and E at a certified brokerage office operated by Defendant B, with the terms and conditions that the Plaintiff would lease (hereinafter “the instant lease agreement”).

The lease contract of this case is written in the lessor column, “E’s seal is affixed thereto, and E’s seal is affixed thereto, and the H Authorized Brokerage Office B is written in the brokerage column.

2) Around that time, the Plaintiff paid the lease deposit to Defendant B. The fact is merely that Defendant B obtained only the authority to enter into a lease contract with the amount of KRW 3,00,000 per month for the instant real estate from Defendant B, and even though he was not authorized to enter into a lease contract with the amount of KRW 150,000,000 for the instant real estate, the Plaintiff entered into a false contract as if he had such authority and acquired the amount of the said lease deposit from the Plaintiff.

2. Determination as to the claim against the defendant B

(a) Judgment by publication service (Article 208 (3) 3 of the Civil Procedure Act);

B. Therefore, Defendant B is the Plaintiff’s above KRW 150,000,000 and the aforementioned amount after the date of the said tort.

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