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(영문) 인천지방법원 2017.01.13 2016가단228221
손해배상(기)
Text

1. The Defendants jointly share KRW 19,125,00 with respect to the Plaintiff and the period from September 28, 2016 to January 13, 2017.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence of Nos. 1 to 14 (including the branch numbers if they have a serial number):

On September 27, 2013, the Plaintiff, a licensed real estate agent, entered into a lease agreement (hereinafter “instant lease agreement”) with the lessor C by setting the lease deposit amounting to KRW 22,50,000,00, and the lease period from October 20, 2013 to October 19, 2015 with respect to the first Dong-gu Incheon Metropolitan City Residential Housing No. 901 (hereinafter “instant real estate”).

B. However, while mediating the instant lease agreement, Defendant B explained the instant real estate as if it were about No. 901 of the 1901 Dong Dong-gu Incheon Nam-gu E Urban Living Housing (hereinafter “instant adjoining real estate”) and stated the instant adjoining real estate as the leased object in the instant lease agreement.

C. On October 11, 2013, the Plaintiff filed a move-in report under the Nam-gu Incheon Metropolitan City F, 901, the address of the road name of the lot number of the adjoining real estate in the instant case, and obtained a fixed date in the instant lease agreement.

Even though the Plaintiff reported the right as a tenant in the case of G real estate auction with respect to the instant real estate in the Incheon District Court, the Plaintiff was excluded from the distribution of dividends on the grounds that the instant lease agreement and resident registration address are different from the instant real estate

E. On February 28, 2013, Defendant Seoul Guarantee Insurance Co., Ltd. concluded an insurance contract with Defendant B, setting the insurance coverage amounting to KRW 100 million and the insurance period from March 5, 2013 to March 4, 2014 with respect to the liability for damages that Defendant B owes to the parties to a transaction while engaging in a licensed real estate agent business.

2. Determination

A. According to the facts of recognition of the Defendants’ liability for damages, Defendant B, while mediating the instant lease agreement, is not the instant real estate but the instant adjacent real estate.

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