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1. The Defendant’s KRW 58,00,000 as well as the Plaintiff’s annual rate of 5% from December 28, 2013 to February 5, 2016.
Reasons
1. Facts of recognition;
A. B, as a licensed real estate agent, operated the C Licensed Real Estate Agent Office, and D worked as a brokerage assistant at the above office, and B joined the Defendant’s mutual aid system with the deducted amount of KRW 100 million to cover liability for damages that may arise in the course of acting as a broker.
B. B and D on September 27, 2010, as to the entire multi-household housing including the 101st E Multi-household Housing No. 101 (hereinafter “instant housing”), was entrusted by F, the actual disposal authority. B was also entrusted with the right to lease the instant housing from G, the owner of the instant housing, on January 31, 201.
C. B as a broker, on February 10, 201, the Plaintiff entered into a lease agreement with G, setting the lease deposit amount of KRW 85 million and the lease period from March 8, 201 to March 7, 2013 (hereinafter “instant lease agreement”). D.
At the time of the conclusion of the instant lease agreement, the establishment registration of a neighboring mortgage, which is a maximum debt amount of KRW 1.6 million, G, and a mortgagee of the right to collateral security, was completed. However, the Plaintiff agreed to cancel the registration of the establishment of a neighboring mortgage and complete the registration of the establishment of a first priority lease until the time of moving into the instant housing due to the special terms and conditions of the instant lease agreement with B represented by G and the Plaintiff.
And D, at the time of the conclusion of the instant lease agreement, provided an explanation to the Plaintiff on the said special agreement while assisting the said lease brokerage.
E. At the time of the instant lease agreement, the Plaintiff transferred the lease deposit to the Plaintiff’s wife H’s account and again delivered it to the lessor. D, on February 10, 201, on the day of the instant lease agreement, on which the Plaintiff transferred the lease deposit to the lessor’s account, KRW 16 million out of the lease deposit and KRW 425,00,00 from the Plaintiff to the H’s account, and thereafter, the said down payment to F’s wife.