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1. The Defendant calculated 70,000,000 won with interest rate of 15% per annum from March 15, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a licensed real estate agent, and the Defendant is the owner of Seoyang-gu, Yangyang-gu, Seoul (hereinafter “instant real estate”).
D, who is the defendant, has managed the real estate of this case on behalf of the defendant.
B. On March 4, 2014, the Plaintiff drafted a “real estate lease contract” with the content that: (a) the Plaintiff leased the instant real estate to E in the principal’s brokerage office; and (b) the Defendant leased the said real estate to E in the amount of KRW 70 million (in the event of a contract, the balance of KRW 63 million shall be paid on March 15, 2014) and deliver it on March 15, 2014.
(hereinafter referred to as the “instant lease agreement”). The lessor’s personal information on the instant lease agreement is indicated in the lessor’s personal information, and the agent’s personal information is indicated in the agent’s name, and there is no signature or seal of the Defendant or D.
C. On March 4, 2014 and March 5, 2014, the Plaintiff received 7 million won as down payment to E and remitted it to D’s account on the same day.
E paid the remainder of KRW 63 million to the Plaintiff on March 15, 2014, and directors of the instant real estate.
The Plaintiff transferred KRW 63 million to D’s account on the same day.
E. E asserted the Plaintiff’s brokerage negligence as the Defendant did not obtain a fixed date due to the Defendant’s failure to affix the seal on the instant lease agreement, and filed a lawsuit claiming damages against Seoul Guarantee Insurance Co., Ltd. (Plaintiff’s insurance company) on March 27, 2014 by this Court Decision 2014Da10604.
The Plaintiff participated in the instant lawsuit as a participant in the conciliation, and the Plaintiff and E on June 13, 2014, and “the Plaintiff is unable to obtain ratification from the Defendant (agent D) regarding the instant lease agreement until September 30, 2014, or E leaves the instant real estate at the request of the Defendant (agent D) before September 30, 2014, the conciliation was concluded that the amount of KRW 70 million shall be paid to E and KRW 30 million shall be paid until November 30, 2014, and the remainder of KRW 40 million shall be paid until June 30, 2015.”
(f).