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1. The Plaintiff:
A. Defendant B’s KRW 100,000,000 and interest rate of KRW 15% per annum from December 22, 2016 to the date of full payment.
Reasons
1. On December 30, 2014, the Plaintiff entered into a lease agreement with Defendant C by setting the lease deposit amount to KRW 100 million with respect to the leased housing of Defendant B and macro-si D (hereinafter “instant building”) 401 on the fourth floor (hereinafter “the instant studio”) (hereinafter “instant studio”) and the term of lease from January 10, 2015 to January 10, 2017.
At the time of the above contract, Defendant C issued to the Plaintiff a certificate of mutual aid as shown in the attached Form of the Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”).
On the other hand, on October 18, 2016, the voluntary auction of the instant building was commenced, but the Plaintiff failed to receive the deposit for lease at the above auction procedure.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The summary of the Plaintiff’s assertion is that Defendant B bears the duty to refund KRW 100 million deposit, as the instant lease contract was terminated.
Defendant C violated the duty of care by failing to provide materials related to the legal relationship, etc. of the instant building necessary to determine whether the lease deposit can be repaid if the lease contract is terminated while mediating the instant lease contract to the Plaintiff.
Defendant C and the Defendant Association are jointly obligated to pay KRW 50 million out of KRW 100 million equivalent to the lease deposit which the Plaintiff failed to receive as a part of compensation for damages.
B. As seen earlier, Defendant B is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from December 22, 2016 to the day of full payment, which is the day after the delivery of a copy of the instant complaint to the Plaintiff, as seen earlier, as seen in the part concerning Defendant B’s studio. (2) The remainder of the Defendants are the real estate broker and the client’s legal relationship.