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1. The Defendant: (a) KRW 24 million to the Plaintiff; and (b) 5% per annum from July 9, 2013 to June 3, 2014 to the Plaintiff.
Reasons
1. Facts of recognition [based on recognition: Fact that there is no dispute, entries in Gap's evidence 1 through 7, and purport of the whole pleadings];
A. The Plaintiff is a company primarily for credit business, etc., and the Defendant is a licensed real estate agent who operates the “D Licensed Real Estate Agent Office” in Mapo-gu Seoul Metropolitan Government.
B. E made use of F personal information that came to know by entering into a monthly rent contract with F with respect to G apartment Nos. 103, 1102, Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant real estate”) owned by F, forged a lease contract in F’s name, and then used it to obtain a loan from a credit service provider.
C. On April 2013, 2013, E entered into the D Licensed Real Estate Agent Office with a name in bad faith, and asked the Defendant to “E and F already entered into a lease agreement on the instant real estate, and there exists a lease agreement that has been prepared by a party to that agreement again, wanting to prepare and keep it cleanly.” Accordingly, in return for receiving a certain brokerage commission, the Defendant newly entered into a lease agreement (hereinafter “instant lease agreement”) on December 30, 2012, stating that the lessorF set the lessee a lease deposit of the instant real estate as KRW 190 million, with the lessee, and signed and sealed the Defendant’s signature and seal on the broker column. The instant lease agreement entered the Defendant’s signature and seal on the brokerage object confirmation statement (the status of facilities inside and outside of the building site, degree of distribution, environmental condition, etc. as a detailed confirmation of the broker, and the relevant Defendant stated the detailed contents in each column).
E, using the instant lease contract on April 26, 2013, April 27, 2013, 2013, E provides the Plaintiff with a claim for the refund of deposit equivalent to KRW 120 million out of the deposit repayment claim for the instant real estate to EF, and provides the Plaintiff with a claim for refund of deposit equivalent to KRW 120 million.