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(영문) 서울고등법원 2017.01.26 2016나2042136
손해배상(기)
Text

1. The plaintiff's appeal against the defendant B, C, D, E, and the Korean Licensed Real Estate Agent Association and the defendant B, C, D, E, expanded in the trial.

Reasons

1. Basic facts

A. On September 25, 2010, the Plaintiff entered into a lease agreement between the Plaintiff and G with respect to the lease deposit amounting to KRW 320,000,000,000, down payment amounting to KRW 32,000,000, the remainder amounting to KRW 288,000,000, and the term of lease from November 5, 2010 to November 5, 2012 (hereinafter “previous lease agreement”).

B. G (1) On October 22, 2010, G entered into a loan contract and a pledge contract between G and Hyundai Capital, etc. (hereinafter “Modern Capital”). G is a Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”).

(2) On October 30, 2010, the Plaintiff borrowed KRW 220,000,000 from the above deposit in the form of a loan on a deposit basis. In order to secure the above loan, Hyundai Capital made a pledge to KRW 264,000 with respect to the claim for the refund of the lease deposit with respect to the apartment of this case, G, the limit of collateral was set at KRW 264,00,000. (2) On October 30, 2010, the Plaintiff signed the letter of consent for the establishment of a pledge and the letter of consent for the return of the lease deposit (hereinafter “the letter of consent of this case”) with respect to the previous lease contract and the pledge contract, and delivered it to Hyundai Capital. The letter of consent of this case stated that “The lessee himself may directly return the lease deposit from the lessee’s lease deposit to the lessee within the extent of direct return to the lessee’s claim excluding the amount of the lease deposit due to the termination of the lease contract or the termination of the contract.”

around November 5, 2010, 3 Hyundai Capital paid G a loan of KRW 220,00,000 to G, and G paid the remainder under the previous lease agreement to the Plaintiff, and thereafter transferred into the apartment of this case.

C. The plaintiff and J.

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