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1. The Plaintiff:
A. Defendant B’s KRW 45,00,000 and interest rate of KRW 15% per annum from April 6, 2018 to the date of complete payment.
Reasons
1. On October 23, 2015, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 45 million, and the term of lease from November 9, 2015 to November 8, 2017, with respect to subparagraph F of the above ground buildings (hereinafter “instant building”).
While mediating the above lease agreement, Defendant C, a licensed real estate agent, issued to the Plaintiff a certificate of mutual aid issued by Defendant D Association (hereinafter referred to as “Defendant Association”) (i.e., a contract that compensates the parties to the transaction for damages arising from Defendant C’s real estate brokerage during the period of mutual aid, amounting to KRW 100 million, and the period of mutual aid from December 26, 2014 to December 25, 2015).
Meanwhile, in the auction procedure of the building of this case, the Plaintiff did not receive the payment of the deposit refund claim.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 6, 7 (including virtual number), the purport of the whole pleadings
2. Determination
A. The Defendant B, at the time of entering into the instant lease agreement, notified the Plaintiff of the important matters of the transaction, such as the lease deposit, by falsely notifying the Plaintiff at the time of entering into the instant lease agreement, thereby deceiving the Plaintiff, thereby deceiving the Plaintiff. The Plaintiff is subject to revocation of the instant lease agreement on the grounds of fraud. Therefore, Defendant B is obliged to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 6, 2018 to the date of full payment, after the delivery of the copy of the instant complaint, to the date of complete payment. (2) Article 208(3)3 of the Civil Procedure Act (by service by public notice) of the applicable provisions of the Civil Procedure Act.
B. Since the real estate broker and the legal relationship between the client for the claim 1 liability for damages against the defendant C are similar to the delegation relationship under the Civil Act, the broker who received the request for brokerage is obliged to investigate, confirm and explain the legal relationship, etc. of the object of brokerage with the care of a good manager.