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(영문) 부산지방법원 2018.02.22 2014가합15388
손해배상금
Text

1. The Plaintiff:

A. Defendant B: (a) from June 2, 2015, 71,200,000 won and its related thereto

B. Defendant C shall be KRW 21,600,000, and

Reasons

Basic Facts

The pertinent plaintiff of the parties is the owner of each partitioned building Nos. 810, 1011, and 1110 of the Busan Jin-gu D building (hereinafter referred to as "each studio of this case").

Defendant B is the representative of the “E Real Estate Brokerage Office” of the 1st floor of the above D building, and Defendant C is a person who operates the “G Licensed Real Estate Agent Office” of the 410th floor of the 4th floor of the 2nd floor of the 2nd floor of the Busan-gu

The Plaintiff, such as H’s conclusion of a lease agreement, delegated H with the authority to conclude the lease agreement of each of the instant studio (No. 810, 1011, and 1110).

H Acting for the Plaintiff, on May 23, 201, the Plaintiff did not monthly rent of KRW 58 million and KRW 10.11, and entered into a lease agreement with the term of lease from May 21, 201 to May 20, 201 (hereinafter “instant lease agreement”) and received KRW 58 million from the lessee I.

However, H, as delegated by the Plaintiff, concluded a lease agreement of KRW 3 million, monthly rent of KRW 500,000,000 as if it were false, and upon delivery of only KRW 3 million as a security deposit to the Plaintiff, H acquired the difference of KRW 50,00,000 (= KRW 58,000,000 - KRW 3 million).

H On behalf of the Plaintiff, neither J nor 110, May 10, 2012, monthly rent of KRW 60,000,000,000, and the term of lease was set out as a lease agreement from May 1, 2012 to April 31, 2013 (hereinafter “instant lease agreement”) and was granted by the lessee J as a deposit amount of KRW 60,000 from the lessee J.

However, H, as delegated by the Plaintiff, concluded a lease agreement of KRW 1 million, monthly rent of KRW 600,000,000 as if it were to have been concluded, and upon delivery of only KRW 1 million as a security deposit to the Plaintiff, H acquired property benefits of KRW 59,00,000 (= KRW 60,000 - one million).

On the other hand, the J received from H around February 2014 KRW 25 million out of the deposit of the above lease deposit of KRW 60 million.

H On behalf of the Plaintiff, K on November 11, 2009 and 810.

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