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1. The Defendants jointly pay to the Plaintiff KRW 26,00,000 and the interest rate thereon from December 16, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. E is the owner of the Sungwon-si F Building G (hereinafter “instant officetel”), Defendant B is a licensed real estate agent, and Defendant D Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with the content that compensates the parties to the transaction for the damage when the Defendant B caused property damage to the transaction by intention or negligence during the course of real estate brokerage (from November 8, 2015 to November 7, 2016, the deduction amount of KRW 100,000).
B. Defendant B and Defendant C conspired to enter into a lease agreement on the instant officetel (the lease on a deposit basis) and the receipt of the deposit, despite the fact that Defendant C had not been delegated with the authority to receive the instant officetel by E, by deceiving the Plaintiff on February 26, 2016, and entered into a lease agreement with the Plaintiff on February 26, 2016, setting the deposit amount of KRW 65,000,000 as well as the period of two years with respect to the instant officetel, and obtained the deposit amount of KRW 65,00,000 from the Plaintiff and acquired it by deception.
C. On August 20, 2018, the Plaintiff filed the instant lawsuit against E, primarily against E, seeking damages equivalent to KRW 65,260,000,00 of the deposit amount for the instant officetel, KRW 65,000,000, and KRW 65,260,000 of the deposit amount for the instant officetel from February 26, 2018 to two years from February 26, 2018, and as a result, against E and the Defendants for joint tort, the Plaintiff filed the instant lawsuit against E and the Defendants.
(The part of the claim for damages equivalent to 260,000 won was withdrawn later).
During the instant lawsuit, the Plaintiff and E became final and conclusive as a substitute for conciliation to the effect that “The existence of a lease agreement between February 26, 2018 and February 25, 2020” was confirmed.
【Ground of Recognition】 Defendant B and Association: Each entry of Gap 1 through 3, 7 through 9, 16, 17 (including paper numbers), Eul 4, Eul 1 and 2, and all pleadings.