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1. The Plaintiff:
A. Defendant C shall be jointly paid KRW 240,000,000 with E and F and shall be fully paid from May 16, 2018.
Reasons
1. Basic facts
A. Upon introduction of Defendant C, a licensed real estate agent, on May 26, 2014, the Plaintiff: (a) visited the H Licensed Real Estate Agent Office located in Suwon-si, Suwon-si, Suwon-si, and entered into a lease agreement between E and E, who is the owner of Nonparty K (Defendant B and Dong name) who is an agent of Nonparty K (hereinafter “instant apartment”); (b) the lease deposit amount of KRW 300,000,000 for the instant apartment; and (c) the lease period of the apartment from June 28, 2014 to June 27, 2016; and (d) the Plaintiff transferred the said lease deposit amount of KRW 2,00,000,000 in the name of E to the account in the name of E; and (e) the remaining amount to the account in the name of K designated by E, respectively.
B. On May 16, 2016, the date of maturity of the above apartment contract, the Plaintiff and E renewed the lease contract with the content of increasing the lease deposit amount of KRW 30,000,000 and changing the lease period to June 30, 2018. The Plaintiff wired KRW 30,000,000 to the account in the name of the said K.
C. However, E did not actually have been delegated by K, the owner of the instant apartment, with the authority to enter into the said apartment lease contract, and around March 2013, E and its husband, while entering into a monthly rent contract for the instant apartment, thereby holding a copy of K’s identification card, etc., by forging the power of delegation, certificate of personal seal impression, etc. in the name of the said K, and acquired money from the Plaintiff under the name of the lease deposit.
E and F were indicted for forging private documents, uttering of falsified investigation documents, fraud, etc. including the above criminal facts, and the court of the first instance sentenced E to two years and six months of imprisonment for E, and three years of imprisonment for F (U.S. District Court 2018Da2646, 3856, 4027, 6231, 6231).
The account in which the Plaintiff remitted money twice as the deposit for lease deposit shall be the account used by the Defendant B, who was married with the E and F’s father. However, the first one is the same.