(영문) 서울북부지방법원 2019.09.25 2018가합27878

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(영문) 서울북부지방법원 2019.09.25 2018가합27878

손해배상(기)

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1. Defendant B shall pay to the Plaintiff KRW 175,00,000 as well as 12% per annum from February 19, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On May 2018, the Plaintiff entered into a contract with Defendant B to rent the Seongbuk-gu Seoul Metropolitan Government E and the second floor G (hereinafter “instant real estate”) for KRW 275,00,000 of the lease deposit (hereinafter “instant lease contract”). Defendant C is a licensed real estate agent who has arranged the conclusion of the instant lease contract and Defendant D is an intermediary who works together with Defendant C.

B. At the time of the conclusion of the instant lease agreement, the instant real estate was registered under the name of the H bank (hereinafter “instant trust registration”). Paragraph (3) of the instant lease agreement provides that “The Defendant B received any balance and repaid the obligation to H bank and cancelled the instant trust registration.”

C. According to the instant lease agreement, the Plaintiff paid to Defendant B a deposit of KRW 275,00,000 in total, including the remainder amount of KRW 247,50,000,000, May 3, 2018, and the remainder amount of KRW 247,50,000,000.

However, Defendant B used KRW 275,00,000 as the lease deposit received from the Plaintiff for another purpose without using it to repay the obligation to the H Bank, and the instant real estate has been registered as the trust of this case until now.

E. Meanwhile, on June 7, 2019, Defendant B returned KRW 100,000,000, out of the lease deposit amount of KRW 275,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The Defendants, in collusion, conspired to enter into the instant lease agreement and pay KRW 275,00,000,00,000 to HB bank, deceiving the Plaintiff to “to use the instant trust agreement to repay the obligations to HB bank and to cancel the registration of the instant trust,” thereby deceiving the Plaintiff to receive KRW 275,00,000 from the Plaintiff.

Therefore, the defendants are 275,00,000 won of the lease deposit, which is jointly acquired by the plaintiff.

유사 판례

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-대구지방법원 2016.06.28 2016가단13151

-서울중앙지방법원 2018.10.17 2018가합547410

-서울중앙지방법원 2020.10.29 2020가합535816