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(영문) 수원지방법원 2016.12.09 2014가합70675
손해배상(기)
Text

1. Defendant D, jointly and severally with G, shall be KRW 463,635,00 for the Plaintiff A, KRW 645,000 for the Plaintiff B, and Defendant C shall be G and Defendant D.

Reasons

1. Basic facts

A. G entered into a lease agreement on behalf of H with respect to the entrustment and management of 10 Q buildings, such as J buildings owned by H, R, S buildings, T buildings, U buildings, V buildings, J buildings, W buildings, W buildings,O buildings, and X buildings (hereinafter referred to as “instant building”) and conducted the work of proposing a new lease agreement as of the end of each month after receiving deposit money, monthly rent, and deposit money, etc. from the lessee and then transferring the deposit money, etc. to H.

In addition, after H died on December 30, 2012, it continued to perform the previous business affairs after the entrustment and management of the above contents from the Plaintiff A and his/her married wife, Plaintiff B, who succeeded to the building of this case.

B. G established an office of licensed real estate agents (hereinafter “M Licensed Real Estate Agent Office”) under the name of Kusan-si L, a licensed real estate agent, and operated the said office, thereby mediating the conclusion of the lease agreement on the building of this case and performing the said business delegated by H and the Plaintiffs. From August 13, 2010 to May 16, 201, K and Defendant C registered the establishment of a brokerage office and business under the trade name of M Licensed Real Estate Agent Office from May 21, 201 to October 17, 2014.

C. 1 However, G entered into a lease agreement with N on November 29, 2010 on the O building P, among the instant buildings, with a deposit of KRW 30 million, and entered into a false lease agreement with the M Licensed Real Estate Agents’ office to the effect that it leased KRW 3 million, which is less than the deposit actually received by using the name of Defendant C, a licensed real estate agent, in the M Licensed Real Estate Agent’s office, and displaying it to H, and then remitting the deposit amount of KRW 3 million on the forged lease agreement to H as shown in attached Table 1.

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