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(영문) 대구지방법원 2018.02.08 2017가단5966
손해배상(기)
Text

1.(a)

Defendant D, 1) As to Plaintiff A’s KRW 15,610,000 and KRW 10,000 among them, Defendant D’s KRW 17,120,000 for Plaintiff B.

Reasons

1. As to the claim against Defendant D

(a) Indication of claims: To be as shown in the reasons for the claims;

(Provided, That only part against Defendant D)

(b) Judgment on deeming confessions: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

2. As to the claim against the defendant C

A. The facts of recognition 1) Defendant C is a person who operates a real estate brokerage office under the trade name of “F” in the Youngcheon-si E building 103 124 and 124, in Yongcheon-si. 2) Defendant D is a person who is delegated by G and H with the duties of entering into, renew, and receive monthly rent rental contracts with respect to the above E building 103 Dong 1319, Dong 1319 (hereinafter “1319”) and the above E building 103 Dong 1627 (hereinafter “1627”).

However, as to the above Nos. 1319 and 1627, Defendant D requested Defendant C to conclude a lease agreement even though it is only authorized to conclude a lease agreement on a monthly basis.

3) On November 3, 2010, Plaintiff A believed that the above E building 1319 owned by G was the right holder as to the above E building 1319, upon introduction by Defendant C, and concluded a lease agreement with Defendant D as the lessor for the lease deposit of KRW 10 million and the lease term of KRW 24 months from November 21, 2010. Plaintiff A paid the above lease deposit of KRW 10 million to Defendant C; Defendant C transferred KRW 9,180,000 after deducting some of the expenses, etc., to Defendant C transferred KRW 9,180,000 to Defendant D. 4) on March 19, 2013; Defendant C concluded a lease agreement with Defendant C on March 19, 2013; Defendant D’s joint ownership of the above E building 1627, which was the right holder as to the above subparagraph 1627; Defendant D’s lease agreement of KRW 301,300,000,00.

Plaintiff

B paid KRW 12 million to Defendant C, and Defendant C wired KRW 11,487,00 after deducting some of the expenses.

5 Building name map, etc. against the Plaintiffs in 2015, G, H, etc., the owners of the above 1319 and 1627.

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