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(영문) 서울남부지방법원 2016.07.14 2015가단226407
손해배상(기)
Text

1. The Defendants jointly share the amount of KRW 14 million to Plaintiff A, KRW 18 million to Plaintiff B, and KRW 14 million to Plaintiff C, and the amount of KRW 14 million.

Reasons

1. Facts of recognition;

A. On May 28, 2012, Plaintiff A entered into a lease agreement with the lessor on the Gtel located in Gangseo-gu Seoul Metropolitan Government E and F (hereinafter “instant building”) for KRW 205 (hereinafter “instant 205 office”) as the broker of Defendant D, a certified architect, with the lessor’s deposit amount of KRW 60 million and the period from June 9, 2012 to June 9, 2014, and paid KRW 6 million on the same day to H.

B. On March 15, 2013, Plaintiff B entered into a lease agreement with the lessor for KRW 70 million and the period from March 19, 2013 to March 19, 2016, with respect to the instant building 402 (hereinafter “instant 402 room”), as a broker of Defendant D, a certified architect, for KRW 7 million, and paid the down payment to H on the same day.

C. On March 21, 2013, Plaintiff C entered into a lease agreement with the lessor for KRW 60 million and the period from March 30, 2013 to March 30, 2015 (hereinafter collectively referred to as “the lease agreement of this case”) with respect to the instant building 206 (hereinafter referred to as “instant 206 unit”) as the broker of Defendant D, a certified master company, with respect to the lease agreement with the lessor for KRW 60 million and the period from March 30, 2013 to March 30, 2015, and paid KRW 6 million the down payment to H on the same day.

Pursuant to Article 9 of the Lease Contract of this case, Defendant D provided the Plaintiffs with a description verifying the object of brokerage, which provides the following: (a) around May 2012 and around March 2013, 2013, that two of the maximum debt amount of the National Bank of Korea was registered as a whole; (b) however, the Plaintiff did not explain the details of the deposit, lease time, termination period, etc. among the lease agreements of other tenants residing in the instant building; and (c) did not present any documents related thereto; and (d) the said description stated in the column “the matters regarding the right of the object that has not been registered or publicly notified” in the said description, or demanded the lessor to provide the data on the details of senior lease.

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