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(영문) 서울중앙지방법원 2017.06.22 2016가단5251782
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff with KRW 19.5 million and with respect thereto, 5% per annum from January 7, 2017 to June 22, 2017.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent of C Licensed Real Estate Agent Office.

On December 28, 2010, Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant B on December 29, 2010 during the period of KRW 100,000,000 with a mutual aid program established to guarantee liability for damages caused by broker’s act as a broker.

B. On August 13, 2011, the Plaintiff entered into a lease agreement with the broker of Defendant B, with the deposit amount of KRW 65 million and KRW 30,000 won per month (including management expenses) with respect to the multi-family house located in D and the Daegu-gu E (hereinafter “instant multi-family house”) located in his/her ownership as the broker of Defendant B (hereinafter “instant multi-family house”).

(hereinafter “instant lease agreement”). On August 27, 201, the Plaintiff: (a) paid to D a deposit of KRW 65 million in full; (b) moved into the instant lease agreement after filing a move-in report on September 2, 201; and (c) received the fixed date on the same day.

C. At the time, the instant multi-family house set the right to collateral security of KRW 650,000,000 for the maximum debt amount.

D Of the 18 units of the instant multi-family house, the deposit amount of F(307), G(302), H(202), and I(207) was the sum of KRW 198 million, and the remaining 14 units of the household were the sum of KRW 198 million per each unit unit.

Defendant B did not secure the lease contract for the above 14 houses and did not make any additional investigation into individual lessees.

14 Deposit for each unit is presumed to be KRW 11 million or KRW 17 million (A10). The statement for confirmation of the object of brokerage (A2) prepared by Defendant B and delivered to the Plaintiff is written in the registry as “see copy of the registry”, and the matters concerning the right of the object that has not been actually related to or has not been publicly announced are not written in the matters concerning the amount of deposit, the date of move-in, the fixed date, etc. of the lessee of the apartment house of this case.

This case is initiated upon the motion of creditor J on March 19, 2015.

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