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(영문) 대전지방법원 2016.08.16 2015가단31107
손해배상(기)
Text

1. The Defendants jointly share with the Plaintiff KRW 15 million and with respect thereto, 5% per annum from October 24, 2015 to August 16, 2016.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent operating an authorized brokerage office.

The Defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the “Defendant Association”) concluded a mutual aid agreement between Defendant B and the mutual aid association established to guarantee the liability of licensed real estate agents for damages, with the amount of KRW 100 million, and the period of mutual aid between September 27, 2013 and September 26, 2014.

B. On January 19, 2014, the Plaintiff entered into a lease agreement between Defendant B’s broker, setting the lease deposit amount of KRW 301 (hereinafter “instant 301”) out of the Seo-gu Seoul Special Metropolitan City D multi-family house (hereinafter “instant multi-family house”) owned by C, and between February 20, 2014 and December 20, 2015 (hereinafter “instant lease agreement”).

C. At the time of the instant lease agreement, the right to lease on a deposit basis (right to lease on a deposit basis) was set up, respectively, as to the instant multi-family house and the land, which is the site thereof, based on the maximum debt amount of KRW 221 million and the maximum debt amount of KRW 156 million of the Seo-gu Daejeon Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”), and the right to lease on a deposit basis of KRW 110 million of the E and F was set. The lease deposit was partially leased by other lessees, and each of the instant multi-family houses was leased with a move-in report and a fixed date.

At the time of the instant lease agreement, Defendant B notified the Plaintiff of the maximum debt amount regarding the instant multi-family house and the instant land registration certificate, and entered the description on the confirmation and specification of the object of brokerage, but did not explain to the Plaintiff and the Plaintiff’s mother as first referred to in the lease agreement about the move-in report and the fixed date, and did not explain that the right to lease on a deposit basis has been established on the instant multi-family house, and is different from each of the instant multi-family houses.

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