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(영문) 서울중앙지방법원 2017.11.10 2017나26439
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendants are the defendants.

Reasons

1. The fact of recognition is that Defendant B runs the real estate brokerage business under the trade name of “D Licensed Real Estate Agent Office” and Defendant C is a “E Licensed Real Estate Agent Office” respectively.

The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant B and C with compensation for damage inflicted upon the parties to the transaction by intention or negligence when the Defendants intentionally or negligently engaged in real estate brokerage, and entered into a mutual aid agreement with KRW 100 million, respectively.

The provision of the defendant Association provides that the defendant Association shall pay the mutual aid money within 60 days from the date of receipt of the notification when requested to pay the mutual aid money.

(1) On July 29, 2013, the Plaintiff: (a) as a broker of Defendant B and C, leased KRW 303 of the multi-family house on the ground (hereinafter “instant house”) such as the wife population G, etc. from F; and (b) determined the lease period from August 16, 2013 to August 15, 2015 (hereinafter “instant lease contract”); and (c) paid all the deposit money to F around that time.

At the time of the instant lease agreement, the registration of the establishment of a right to lease on a deposit basis of KRW 70,000,000 for each of the maximum debt amount of 387,600,000 for the Bank of Korea and the maximum debt amount of KRW 204,000 for the Korea Technology Credit Guarantee Fund, and for the establishment of a right to lease on a deposit basis of KRW 70,000 for the lease on a deposit basis of H(403) was completed respectively. The Plaintiff was the first lessee I (302, 60,000,000 for the first lessee), J (203, 60,000 for the first lessee), K (202, deposit amount of KRW 70,000 for the first lessee, and Defendant B and C did not provide any separate explanation to the Plaintiff regarding the lease on a deposit basis.

On July 10, 2014, at the request of the Bank of Korea.

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