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(영문) 서울중앙지방법원 2017.07.10 2016가단5266838
손해배상(기)
Text

1. Defendant C and the Korea Licensed Real Estate Agent Association jointly share KRW 12,674,310 for the Plaintiff A and its related thereto.

Reasons

1. Facts of recognition;

A. Defendant C is a licensed real estate agent who runs the real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office” and Defendant D is a “F Licensed Real Estate Agent Office”.

The Defendant Association concluded a mutual aid agreement with Defendant C on March 3 through March 2, 2012, which is set forth respectively as the mutual aid agreement between Defendant D and the deductible amount of KRW 100,000,000,000, and the deduction period of KRW 100,000,000, and the deduction period of KRW 100,000,000, respectively.

In the above mutual aid contract, the defendant Association decided to compensate for damages caused property damage to the parties to the transaction by intention or negligence in mediating the defendant C or D.

B. G is the owner of a Class II neighborhood living facility building of the 7th H ground size in Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”).

Plaintiff

On February 5, 2013, G and 501 of the instant building (hereinafter “instant 501”) entered into a lease agreement with Defendant C to lease each term until February 16, 2015 (hereinafter “instant 501 lease agreement”). On January 25, 2014, Plaintiff B entered into a lease agreement with each of the following terms: (a) the lease deposit amount of KRW 46,000,000; and (b) the lease deposit of KRW 302 of the instant building (hereinafter “instant 302 housing”) to be leased each of the terms until February 13, 2016 (hereinafter “instant lease agreement”).

C. At the time of the conclusion of the above lease agreement, the establishment registration of the instant building and its site was completed on April 10, 2008, the maximum debt amount of KRW 910,000,000, and the establishment registration of the neighboring bank of the new bank, a stock company with the mortgagee, etc.

Defendant C and D, while mediating each of the instant lease agreements, explain to the Plaintiffs the maximum amount of debt regarding the right to collateral security established on the instant building and its site, and explain each of the instant lease agreements.

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