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(영문) 춘천지방법원 2016.02.17 2015가단51169
손해배상(기)
Text

1. Defendant B’s KRW 70,000,000 as well as 20% per annum from September 13, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1 to 7, Eul evidence 1-1 to 6, Eul evidence 2, Eul evidence 3-1, 2, Eul evidence 2, and Eul evidence 2.

The defendant C, a licensed real estate agent, entered into a mutual aid agreement with the defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the "Defendant Association") regarding the period of mutual aid from September 30, 2012 to September 29, 2013 in cases where the defendant C inflicted damage on the parties to a transaction by intention or negligence, the defendant C, a licensed real estate agent, entered into a mutual aid agreement with the defendant C Association

B. On December 11, 2012, Defendant B entered into a sales contract with D by stipulating that the purchase price of an apartment as indicated in the separate sheet shall be KRW 13 million and the down payment shall be paid in the date of the contract, and the balance of KRW 100 million shall be paid in December 31, 2012, and the remainder of KRW 100 million shall be paid in advance on the date of the contract, and the special agreement was concluded that the remainder may be advanced under mutual agreement (hereinafter “instant sales contract”), and Defendant C arranged the instant sales contract.

C. (1) On December 15, 2015, the Plaintiff entered into a lease agreement with D, stipulating that the lease deposit amount of KRW 70 million shall be paid from January 20, 2013 to January 20, 2015, and the lease period shall be KRW 7 million from January 20, 2013 to January 20, 2015; the lease deposit amount of KRW 63 million from the lease deposit shall be paid by December 28, 2012 at the time of the contract; and Defendant C acted as a broker.

(2) Meanwhile, while entering into the above lease contract, '(1) The lease property of this case is currently in progress with the buyer's contractual witness, and

② Buyers agree with Defendant B and 3 to have loans as principal KRW 20 million in the apartment of this case, and the lessee understands that they are subordinate creditors.

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