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(영문) 수원지방법원 2020.06.17 2019가합27522
대여금
Text

A. Defendant E shall be KRW 260,030,00 to Plaintiff A, KRW 169,550,00 to Plaintiff B, KRW 118,050,00 to Plaintiff C, and Plaintiff D.

Reasons

Plaintiff A and B are married, and Plaintiff C and D are children.

The Defendants are married couple, Defendant F is the representative of G Licensed Real Estate Agent Office, and Defendant E is the brokerage assistant of the above Licensed Real Estate Agent Office.

From the beginning of 2017 to the beginning of 2019, the Defendants borrowed KRW 260,030,000 from the Plaintiff A, KRW 169,550,00 from the Plaintiff B, KRW 23,00,000 from the Plaintiff C, and KRW 38,000,000 from the Plaintiff D without having set the due date for payment, and have not been repaid until now.

Since the plaintiffs claim the return of the copy of the complaint of this case by the service of the duplicate, the defendants are jointly obligated to pay the above loans to the plaintiffs.

Plaintiff

C/D entrusted the Defendants with the duty of licensed real estate agents as to No. 1 and No. 1 as to No. 1 and No. 1 as to No. 3 and No. 1 as to each of the instant officetels in Ansan-si (hereinafter “instant officetel”).

The Defendants, in the process of the instant officetel I and J, concluded the monthly lease contract of KRW 100,00,000 for each of the pre-existing lease key money, and KRW 95,000,00 for each of the above lease key money, but as if the monthly lease contract was concluded, deceiving Plaintiff C and D, and received purchase money including each of the above lease key money from Plaintiff C and D, and acquired KRW 100,000,000 from Plaintiff C, respectively.

In addition, according to the above deception, the Defendants paid KRW 4,950,000 to Plaintiff C and KRW 3,330,000 to Plaintiff D as false monthly income.

Therefore, Defendant E is obligated to compensate Plaintiff C for damages arising from tort amounting to KRW 95,050,00 (the remainder excluding KRW 4,950,000 paid by the Defendants for the monthly rent of KRW 100,000,000, which was obtained by the Defendant). Defendant E is obligated to compensate Plaintiff D for KRW 91,670,00 (the remainder excluding KRW 3,30,000 paid by the Defendants for the monthly rent of KRW 95,00,000, which was obtained by the Defendant). Defendant F is the joint tortfeasor or Article 756(1) of the Civil Act.

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