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(영문) 서울서부지방법원 2019.11.22 2019나34941
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

The occurrence of liability

A. Facts of recognition 1) A Co., Ltd. (hereinafter “Order matching”)

D) On May 2016, 2016, Plaintiff E (hereinafter “E”) as the representative director and a licensed real estate agent

) Seoul Mapo-gu Seoul Metropolitan Government F and 14 G (hereinafter referred to as “instant real estate”) managed by it;

(2) On May 16, 2016, the Plaintiff entered into a lease agreement with the lessor E and the instant real estate by setting the lease deposit amount of KRW 20 million, KRW 350,000 per month, and the lease term of KRW 350,000 from May 19, 2016 to December 18, 2017 (hereinafter “instant lease agreement”), and paid KRW 20,000,000 on May 17, 2016 to E.

Deposit and monthly deposit account shall be conducted under the responsibility of the National Bank of Korea/E H H HB.

3) Meanwhile, the owner of the instant real estate entered into a lease agreement with KRW 380,000 per month on the instant real estate in KRW 3,00,000, and there was no delegation of the management right or the right to lease on the instant real estate to E. 4) D did not confirm whether or not it delegated the management right or the right to sublease the instant real estate to E at the time of the brokerage of the instant lease agreement, and did not submit or confirm the supporting documents on the sublease and management delegation.

5) D determined the deductible amount of KRW 200,00,000, and the deductible period from April 21, 2016 to April 20, 2017, upon which D entered into a mutual-aid agreement with the Defendant to cover liability for damages in the event that D intentionally or negligently inflicted property damage on the transaction partner while acting as a real estate intermediary. 6) The owner of the instant real estate claimed that the Plaintiff, the occupant of the instant real estate, who was the owner of the instant real estate, shall withdraw from the instant real estate on the grounds that E’s delinquency in rent, and the sub-lease of non-exclusive agreement, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

(b)the cause of the claim;

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