logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.02.04 2015가단213486
손해배상 등
Text

1. The Plaintiff:

(a) Defendant B and C respectively KRW 170,000,000 per annum from July 27, 2012 to February 4, 2016;

Reasons

1. Facts of recognition;

A. On April 28, 2012, the Plaintiff requested Defendant B, a real estate broker, to lease the Plaintiff’s D Apartment 210 Dong 603 (hereinafter “instant real estate”) owned by the Plaintiff, and prepared a power of attorney indicating the Plaintiff’s account number on the ground that the Plaintiff cannot receive a deposit directly due to an overseas business trip.

B. On behalf of the Plaintiff, Defendant B leased the instant real estate as KRW 200 million to E on July 16, 2012, and Nonparty B deposited KRW 30 million in the Plaintiff’s account as the down payment and intermediate payment on the same day.

C. On July 26, 2012, Defendant B, at Defendant B’s request, delivered the balance of KRW 170 million to Defendant B as a check. Defendant B voluntarily delivered the check to Defendant C on the 27th of the same month, and Defendant C embezzled all of the aforementioned money by consuming it around that time.

The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity that has entered into a mutual aid agreement with Defendant B, which stipulates that the amount of deduction shall be KRW 100 million, and the period of deduction shall be from March 30, 2012 to March 29, 2013, in cases where Defendant B, while acting as a broker by intention or negligence, causes property damage to a transaction party, and such damage shall be covered within the scope of the amount of deduction.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the above recognition of the liability for damages, Defendant B did not pay to the Plaintiff the money received from the lessee in violation of its duty despite being requested by the Plaintiff, or as the employer of Defendant C, Defendant C, who knowingly embezzled the above money as an intermediary assistant of Defendant B, and is liable for damages arising from the nonperformance or tort. The Defendant Association is liable for damages as a mutual aid manager of Defendant B, even though it is aware that the above money should be paid to the Plaintiff.

arrow