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(영문) 수원지방법원안산지원 2020.01.10 2019가단56756
손해배상(기)
Text

1. The Defendants jointly do so to the Plaintiff KRW 29,000,000, and as to this,

A. Defendant B and C shall begin on April 13, 2019, and B.

Reasons

1. Basic facts

A. Defendant C is a licensed real estate agent operating the “G Licensed Real Estate Agent Office” located in the building E of the building E of Ansan-si, Ansan-si, and Defendant B is a brokerage assistant of the above office.

Defendant D Association (hereinafter “Defendant Association”) is a party to a mutual aid agreement with Defendant C, which is a legal entity engaging in mutual aid business to guarantee broker’s liability for damages pursuant to the “Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions.”

B. Around July 2017, the Plaintiff requested Defendant B to color electric officetels, and Defendant B presented the instant building to the Plaintiff upon introducing K’s operation of the “J Licensed Real Estate Agent Office” and Htel M of the same Htel (hereinafter “instant building”).

C. On July 29, 2017, the Plaintiff: (a) transferred the down payment of KRW 5,00,000,000 to Defendant C’s account at Defendant C’s request; and (b) drafted a lease lease agreement (hereinafter “instant lease agreement”) with the content that the Plaintiff leases the instant building from N, the owner of the instant building, as the broker between Defendant C and K on August 26, 2017 to August 26, 2018; and (c) KRW 63,00,000,000, during the lease period.

The instant contract entered into the terms of a special agreement, stating that “a subsequent contract is a lessor’s currency, which can be changed after mutual consultation on transfer investments related to the balance date, and at the time of the remainder confirmation (a delegation letter and a certificate of personal seal impression).” The lease period was changed on September 28, 2017 to September 28, 2018.

E. On September 28, 2017, the Plaintiff remitted KRW 50,000,000 to L on October 1, 2017, and KRW 3,000,000, and KRW 58,000,000 to N on October 16, 2017, and occupied and used the instant building from September 28, 2017.

F. However, the instant contract is N.N. by deceiving K and L, which was delegated by N with the authority to conclude a lease agreement.

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