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(영문) 울산지방법원 2016.11.18 2015가단25401
손해배상(기)
Text

1. The Defendant’s KRW 57,750,00 for the Plaintiff and the following: 5% per annum from November 10, 2015 to November 18, 2016, respectively.

Reasons

1. Basic facts

A. (1) The Defendant is engaged in the authorized brokerage business with the trade name, "D Licensed Real Estate Agent Office", No. 105, 201, Ulsan-gu, Ulsan-gu, Ulsan-gu.

(2) On December 14, 2012, E entered into a lease agreement (hereinafter “instant lease agreement”) with the F and four other persons (hereinafter “F, etc.”) on the land of Ulsan-gu K on the registry, Ulsan-gu K on the register, and the total area of No. 112 and 113 square meters of the total area of No. 3(2) of the MM building neighborhood living facilities in L (hereinafter “instant commercial building”); and the “instant lease agreement”).

(3) At the time, the Defendant: (a) deposited the instant lease agreement with E and F as KRW 500 million; (b) paid the intermediate payment of KRW 400 million until December 28, 2012; (c) written lease agreement (Evidence A2) stating that the monthly rent is KRW 20 million; and (d) signed and sealed the Defendant in the broker column.

B. (1) On January 4, 2013, the Defendant arranged the said E and the Plaintiff to sublet the instant commercial building at KRW 113 square meters by determining the lease period until January 8, 2015, the deposit amount of KRW 200 million, and the monthly rent of KRW 4.5 million.

(hereinafter referred to as “the instant sub-lease contract”). (2) At the time, the Defendant prepared a real estate sub-lease contract between E and the Plaintiff at the time, and specified the deposit amount of the instant lease contract as KRW 50 million, and the monthly rent as KRW 20 million.

C. On the other hand, the instant lease contract deposit was modified (1). On the other hand, the said E did not pay 500 million won to F, etc. regarding the instant lease contract. On January 26, 2013, there was no deposit for the instant lease contract again with F, etc. on or around January 26, 2013, and the rent was KRW 3209,000,000, and the lease period was determined by December 29, 2017.

(2) At the time of the Defendant, the new lease contract Party A.

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