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(영문) 서울중앙지방법원 2018.11.30 2018나34420
손해배상(기) 등 청구의 소
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant B regarding the instant lawsuit is as follows:

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a corporation established for the purpose of real estate brokerage business, etc., and I is the representative of Defendant B.

B. On November 6, 2015, Defendant B entered into a mutual aid agreement to guarantee liability for damages within the extent of the amount of the said mutual aid agreement where Defendant B caused property damage to a transaction party by intention or negligence in performing a real estate brokerage business, setting the period of the mutual aid agreement from December 15, 2015 to December 14, 2016, and setting the amount of the mutual aid agreement as KRW 200,000,000.

C. On the other hand, on December 17, 2013, G (F’s wife) concluded a lease agreement with E on the lease deposit amounting to KRW 120,00,000 for the buildings listed in the separate sheet (hereinafter “the instant cartel”) with E (hereinafter “instant cartel”) and KRW 3,50,000 per month for the rent. On October 7, 2014, G (F’s wife) concluded a lease agreement again by changing the lease agreement from October 17, 2014 to October 16, 2016.

However, F concluded a lease agreement between H on August 25, 2014, with the co-Defendant D of the first instance trial on February 2015, with each lessor as E, under the premise that F would have been delegated the right to re-lease the instant cartel to another person.

E. On January 18, 2016, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with a view to believing that F has the authority to lease the instant Maurel, wherein the Plaintiff entered into a lease agreement with F, which sets the lease deposit amount of KRW 130,000,000, KRW 250,000, KRW 300, and the lease term of the instant Maurel from February 15, 2016 to February 14, 2018. At the time, F, the Plaintiff signed the lease agreement with the signature of E, which he/she had for other purposes, affixed on the instant lease agreement.

On January 18, 2016, the amount of money from the date of remittance No. 1.

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