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1. The Defendant’s KRW 20,678,126 as well as the Plaintiff’s KRW 5% per annum from June 17, 2017 to November 30, 2018.
Reasons
1. Basic facts
A. On October 28, 2012, the Plaintiff (Before the opening of the name: C) entered into a lease agreement (hereinafter “instant lease agreement”) with D by setting the lease deposit amount of KRW 100,00,000 and the term of lease from December 15, 2012 to December 15, 2014 with respect to the multi-family house located in the Jung-gu Seoul Special Metropolitan City (hereinafter “instant multi-family house”) owned by E (hereinafter “instant multi-family house”) G as a broker of D, a licensed real estate agent, and obtained a fixed date on December 26, 2012 after completing the move-in report on December 27, 2012.
B. At the time of entering into the instant lease agreement, D explained the establishment registration of a neighboring mortgage equivalent to the maximum debt amount of KRW 364,000,000 entered in the copy of the register of the instant multi-family house at the time of entering into the instant lease agreement, but recommended the instant lease agreement to other lessees, etc. without any particular explanation.
C. On May 15, 2015, the Plaintiff, a creditor of the instant multi-family house G, filed an application for auction of the instant multi-family house with respect to the instant multi-family house ( Daejeon District Court I). In the said auction procedure, the Plaintiff received dividends of KRW 48,304,684 as a lessee, but the remainder of the lease deposit was not paid.
At the time of entering into the instant lease agreement, the maximum debt amount of the instant multi-family house was KRW 364,00,000, and the aggregate amount of the lease deposit of the prior lessee was KRW 323,00,000, and the assessed amount of the instant multi-family house was KRW 735,50,800.
E. Meanwhile, the Defendant Association concluded a mutual aid agreement with D with the content of compensating for damage to property within the limit of 100,000,000 won where damage to the property was caused by intention or negligence on the part of the parties to the transaction in performing real estate brokerage (hereinafter “instant mutual aid agreement”).
【Ground of recognition” has no dispute, entry of Gap evidence 1 to 8, and the Daejeon Jdong of this Court.