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(영문) 서울중앙지방법원 2016.11.11 2015가단141968
손해배상(기)
Text

1. The Defendants jointly share KRW 15,834,351 to the Plaintiff, as well as 5% per annum from April 29, 2016 to November 11, 2016.

Reasons

1. Basic facts

A. Defendant A as a licensed real estate agent, operates the “D Licensed Real Estate Agent Office” on the first floor of the building located in Seocho-gu Seoul Metropolitan Government, and Defendant B as a licensed real estate agent, is serving in the said D Licensed Real Estate Agent Office.

B. Upon F’s request on May 20, 2014, the Defendants prepared an apartment charter agreement stating “E, lessee F, security deposit of KRW 350 million, down payment of KRW 3550 million, down payment of KRW 3550 million, and the term of lease from May 20, 2014 to May 19, 2016” (hereinafter “instant charter agreement”) and put the said agreement to F.

C. At the time of the above preparation, E as lessor did not attend, and F presented to the Defendants a copy of E’s resident registration certificate and a certificate of confirmation in the name of one bank that F deposited KRW 300 million into the national bank account.

However, the above certificate of deposit of KRW 300 million was a document made by someone. D.

F Around June 29, 2014, after obtaining a fixed date in the instant lease contract, the F requested the Plaintiff to grant a loan.

E. On June 30, 2014, the Plaintiff received a copy of the instant lease agreement with F, with a fixed date affixed thereon, and entered into a contract for transfer and acquisition of security deposit with the content that the Plaintiff would have a claim of KRW 75 million out of the above security deposit refund claim, and would have a comprehensive cash loan transaction with F.

F. On July 7, 2014, upon delegation from F, the Plaintiff sent a notice to Gangnam-gu Seoul, Gangnam-gu, Seoul, stating that the Plaintiff was assigned KRW 750 million out of the security deposit refund claim amounting to KRW 350 million, as indicated in E’s address on July 7, 2014, and the same year.

7.2.For the same year;

7.9. According to the instant lease contract, it confirmed the contents of the instant lease contract and the receipt of the said notice of transfer while making a telephone call with the person called E by the phone number indicated in the instant lease contract.

G. However, the address of E in the instant lease agreement was not the actual domicile of E, and the said address was not the address of E.

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