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Reasons
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(영문) 인천지방법원 2016.07.28 2015가단21188
손해배상(기)
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1. Defendant C shall pay to the Plaintiff KRW 24,00,000 and the interest rate of KRW 15% per annum from June 28, 2015 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. Facts of recognition 1) The Plaintiff is limited to D on July 20, 2009 (after name, E; hereinafter “D”).

2) The building of this case (hereinafter referred to as the “instant building”) between Nam-gu, Incheon.

35,000,000 won for deposit, and the term of lease from July 20, 2009 to July 19, 201 (hereinafter “instant lease agreement”).

(2) Defendant B mediated the instant lease agreement as a licensed real estate agent operating real estate brokerage business under the trade name of “G Licensed Real Estate Agent Office”.

3) At the time of the conclusion of the instant lease agreement, the right to collateral security, which is the maximum debt amount of 78,400,000 won, the debtor D, the debtor D, and the debtor-mortgage-backed credit union (hereinafter “instant right to collateral security”).

) The establishment registration was completed, but the Plaintiff was apprehended to not be able to receive the deposit due to the auction process based on the right to collateral security, and Defendant B would be 35,000,000 won of the deposit, while Defendant B would be able to guarantee the loan (hereinafter “instant first lease contract”).

(4) Around November 2010, the Plaintiff heard that Defendant B wants to increase the deposit amount of the instant lease agreement from Defendant B to KRW 5,000,000, and agreed to increase the deposit amount of the said lease agreement to KRW 5,000,000 on November 24, 2010, Defendant C, who is the wife of Defendant B, D, and D, and paid KRW 5,00,000 on November 24, 201.

5) On November 24, 2010, a new lease contract between the Plaintiff and D with a deposit of KRW 40,000,000, and a lease period of KRW 40,000 between the Plaintiff and D from November 27, 201 to November 27, 2011 (hereinafter “instant secondary lease contract”).

at the time of preparation.

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