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1. The Plaintiff:
A. Defendant B’s KRW 60,000,000 and for this, KRW 5% per annum from November 23, 2016 to July 24, 2018.
Reasons
1. Facts of recognition;
A. On February 18, 2014, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with Defendant B by setting the lease deposit amount of KRW 60 million, and the lease term from February 26, 2014 to February 26, 2016 with respect to KRW 60 million with respect to the multi-family house on the fourth floor located D (hereinafter “instant house”) located in the 4th floor located in Defendant B, which was owned by Defendant B, as a broker by Defendant C. However, the Plaintiff did not move-in the instant house, but did not obtain a fixed date in the lease contract.
B. Defendant C is a licensed real estate agent engaging in real estate brokerage business under the trade name of “F” in 102, Ma-si E apartment commercial building building, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid contractor who entered into a mutual aid agreement with Defendant C, a licensed real estate agent, to guarantee liability arising from the mediation of Defendant C (hereinafter “instant mutual aid agreement”).
C. Prior to the conclusion of the instant lease agreement, the maximum debt amount of KRW 325 million, a mortgagee, and KRW 155 million, was set respectively, prior to the conclusion of the instant lease agreement.
Before the conclusion of the instant lease agreement, G, H, I, and J had already concluded a lease agreement with respect to a part of the instant housing unit. At or after the time of the conclusion of the instant lease agreement, K, L, M, N,O, P, and Q respectively concluded a lease agreement with respect to a part of the instant housing unit. The details of the said lessee’s deposit amount, transfer date, fixed date, etc. are as follows.
The lease deposit with a fixed date on the date of the transfer of possession of the leased portion between G 202 and G 202 on November 16, 2013, 201. 65,000,000 H 302 on November 28, 2013, November 2014, 2013; and