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(영문) 인천지방법원부천지원 2016.09.27 2015가단29277
손해배상금
Text

1. The Defendants jointly share KRW 60,000,000, and Defendant B with respect thereto from January 14, 2016; and Defendant C with respect to February 4, 2016.

Reasons

1. Facts of recognition;

A. On May 22, 2014, the Plaintiff entered into a contract with Defendant C, a licensed real estate agent’s spouse and brokerage assistant, under which the Plaintiff entered into a contract with the lessor, setting the lease deposit amount of KRW 60,000,000 and the lease deposit amount of KRW 203,00,00 (hereinafter “instant apartment”) between the lessor D and Non-si-si, Nowon-gu, and the period from May 22, 2014 to May 22, 2016.

The Plaintiff delivered KRW 60,000,000 to Defendant C the deposit for the lease on a deposit basis.

B. However, Defendant C, at the time, was not entrusted by the lessor with the conclusion of the lease contract for the instant apartment, but did not belong to the Plaintiff as if the lessor was entrusted with the conclusion of the lease contract by the lessor, while the lessor was aware of the conclusion of the lease contract with the lessor, and obtained the lease deposit from the Plaintiff and acquired it by fraud.

C. Defendant C was indicted for committing various criminal facts, including the above defraudation, and Defendant B was in violation of the Licensed Real Estate Agent Act to lend the qualification of licensed real estate agent to Defendant C, who is the spouse. On May 10, 2016, Defendant C was sentenced to imprisonment with prison labor for 10 years for Defendant C, 8 months for Defendant B, and 2 years for suspended execution.

[Grounds for Recognition]: Article 150 of the Civil Procedure Act (Voluntary Confession)

2. According to the above facts of recognition as to the cause of the claim, Defendant C is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the act of deception against the Plaintiff pursuant to Article 750 of the Civil Act, and Defendant B is liable to compensate the Plaintiff for the damages incurred by the act of Defendant C, which is a broker assistant, pursuant to Articles 30(1) and 15(2) of the Licensed Real Estate Agents Act. Thus, the Defendants jointly share the damages to the Plaintiff, and the damages amounting to KRW 60 million,00,000, and the damages amounting to the damages amounting to the Plaintiff, as claimed by the Plaintiff, from the date following the delivery date of the copy of the complaint of this case, as claimed by the Plaintiff.

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