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1. The judgment of the court of first instance is modified as follows.
The defendant is jointly with the co-defendant C and D of the first instance trial and 2.2.
Reasons
1. Facts of recognition;
A. C is a licensed real estate agent operating the “F Real Estate Broker Office” in Pakistan, and D works as a brokerage assistant at the above brokerage office.
B. On December 22, 2015, the Defendant entered into a mutual aid agreement with C, setting the deductible amount as KRW 100 million, which provides for a mutual aid agreement between C and C, which provides compensation for property damage to the transaction party in the course of real estate brokerage, when C intentionally or negligently causes property damage to the transaction party during the course of real estate brokerage.
C. Around February 2016, the Plaintiff requested D to mediate a housing lease agreement.
D deceiving the Plaintiff as if the owner of G and H (hereinafter “instant housing”) was delegated both the authority to enter into a lease agreement on behalf of I, and the authority to receive the lease deposit and the monthly rent.
E. As of March 4, 2016, the Plaintiff, a lessee, drafted a contract under which the Plaintiff, a lessor, leases the instant housing amounting to KRW 10 million, monthly rent, and KRW 150,000,000,000.
(hereinafter “instant first lease agreement”). Upon D’s request, the Plaintiff paid KRW 10 million in total on March 4, 2016 to C’s account under the name of C, and KRW 300,000,000 in total on two occasions on April 5, 2016, as a rent, until April 5, 2016.
F. As of March 5, 2016, the Plaintiff, a lessee, drafted a contract under which the Plaintiff, a lessor, set the lease deposit amount of KRW 40 million, and the lease period of the instant house from April 15, 2016 to 24 months.
(hereinafter “instant secondary lease agreement”). At the request of D, the Plaintiff paid KRW 30 million to the account in the name of C by April 15, 2016, as the said lease deposit.
G. D Only one million won out of the total amount of 40,300,000 won of the lease deposit and rent received from the Plaintiff as above.