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(영문) 서울서부지방법원 2017.11.24 2017가단203896
손해배상(기)
Text

1. The Defendant’s KRW 13,600,000 as well as 5% per annum from April 21, 2017 to November 24, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) is a corporation operating real estate brokerage business, and the Defendant concluded a mutual aid agreement with the parties to a transaction, which covers the liability of licensed real estate agents for damages in compensating for the damages suffered by the parties to the transaction with the limit of compensation amounting to KRW 400 million in case where the parties to the transaction intentionally or negligently inflict property damage

(Period of mutual aid: from April 21, 2015 to April 20, 2016). (b)

C Around August 2015, the representative director D introduced the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government F Building G (hereinafter “instant real estate”) that the Plaintiff, China D, seeking leased real estate, managed by E (hereinafter “E”).

C. Since then, on August 11, 2015, the Plaintiff entered into a lease agreement with E with regard to the instant real estate under the intermediation of C as follows:

(hereinafter “instant lease agreement”). Deposit: 20,000 won per month: Term of lease: 280,000 won per month: Special agreement from August 11, 2015 to August 11, 2016 - deposit is deposited into C’s account; and the instant lease agreement is concluded under C’s responsibility.

- Monthly taxes shall be deposited into the E account.

C. However, H, the owner of the instant real estate, entered into a lease agreement with I on March 24, 2014 and the instant real estate by setting the deposit of KRW 3 million, monthly rent of KRW 370,000, and the term of lease from March 7, 2014 to March 6, 2015, and not delegated E with the management of the instant real estate.

(D) At the time of entering into the instant lease agreement, the above D does not confirm whether it was delegated to H.

H entered into a new lease agreement with the Plaintiff on February 28, 2017 with the knowledge that the Plaintiff entered into the lease agreement with himself/herself, by succeeding the lease agreement with the former lessee.

Although the new lease contract entered the deposit amount in KRW 3 million, the previous deposit amount paid by I to H is KRW 3 million.

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