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1. The Defendant’s KRW 23,00,000 as well as the annual rate of KRW 5% from October 28, 2016 to May 12, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. C is the owner of Jung-gu Incheon Metropolitan Government D 201 Dong 402 (hereinafter “instant housing”), and E is the Defendant’s brokerage assistant who is a licensed real estate agent operating “G real estate real estate agent office” on the F and first floor of Jung-gu Incheon Metropolitan City.
B. On January 16, 2014, the Plaintiff entered into a lease contract between E and E with respect to the instant housing as the agent of C, setting the deposit amount of KRW 100 million, and the period from January 20 to January 20, 2016.
However, on January 17, 2014, E concluded a lease agreement with C as of January 17, 2014, with the lease deposit of KRW 20 million, monthly rent of KRW 750,000,000 from January 17, 2014 to January 16, 2016, and issued a lease agreement stating the above contents.
C. E received KRW 100,000 and KRW 300,000 from the Plaintiff, and paid KRW 20,000 among them to C.
E was indicted for committing an offense, such as deceiving the Plaintiff by deceiving the Plaintiff, and was sentenced to a conviction by the Incheon District Court on October 26, 2016 [2016No2350, 3547 (Merger)] on behalf of C, and the said judgment became final and conclusive on November 3, 2016.
E. On January 29, 2016, the Plaintiff transferred the instant house to C and received a return of KRW 20 million from the Plaintiff.
F. Meanwhile, on July 20, 2016, the Korean Licensed Real Estate Agent Association deposited KRW 101,726,027 with the Plaintiff, etc. as the principal deposit in accordance with a mutual aid agreement that entered into with the Defendant on January 15, 2014 to January 14, 2015; and pursuant to a mutual aid agreement that provides for the cause of credit limit of KRW 100 million, the Plaintiff received KRW 25 million among them.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4 through 11, 13, Eul evidence 3, Eul evidence 3, Eul evidence 3, Eul evidence 3, the purport of the whole pleadings, and the purport of the whole pleadings
2. E, the brokerage assistant of the judgment defendant, is a lease contract for the instant house.