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1. Upon the conjunctive claim, the Plaintiff:
A. Defendant E shall complete the payment of KRW 47,00,000 and its amount from November 22, 2018.
Reasons
1. Basic facts
A. On November 29, 2016, Defendant D, a practicing licensed real estate agent, concluded a mutual aid agreement with Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) and the mutual aid period from November 29, 2016 to November 28, 2017 (hereinafter “instant mutual aid agreement”) in order to guarantee liability for damages arising from property damage to the parties to a transaction by brokerage.
B. Defendant D lent a licensed real estate agent’s license to Defendant E from November 28, 2016 to May 10, 2017. In return, Defendant D paid KRW 450,000 per month to Defendant D, and Defendant D operated “G licensed real estate agents” in Daejeon Seo-gu, Daejeon.
At the time, Defendant D reported Defendant D as his brokerage assistant.
C. Defendant E was delegated by Defendant B’s agent, the owner of the building 301 located in Seo-gu Daejeon, Daejeon (hereinafter “instant building”) to conclude a monthly rent contract under a lease agreement on the instant building.
However, around December 27, 2016 (the contract is drafted as of January 13, 2017) - Defendant E, while mediating a lease agreement on the instant building (hereinafter “instant lease”) to the Plaintiff, deceiving the Plaintiff as if he had brokered the lease agreement on the deposit amount of KRW 47 million, and had the Plaintiff remit the deposit amount of KRW 47 million to the account in the name of Defendant E and the account in the name of Limited Liability Company I established by Defendant E (hereinafter “I”).
Accordingly, on December 27, 2016, the Plaintiff remitted 4.7 million won to the account under the name of Defendant E, and 42.3 million won to the account under the name of I on January 13, 2017.
At the time, Defendant E entered Defendant D as a practicing licensed real estate agent in the lease contract.
Although Defendant E received the full amount of the deposit of KRW 47 million from the Plaintiff, Defendant E, the actual owner of the instant building, and his agent.