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(영문) 서울동부지방법원 2015.06.11 2013가단63814
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendants, around September 2007, concluded a mutual aid agreement with the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) to guarantee a mutual aid agreement of KRW 50,00,000 within the limit of the amount of 50,000,000 with property damage liability arising from Defendant B’s intentional or negligent conduct of real estate brokerage. The Defendants concluded a mutual aid agreement from September 25, 2007 to September 24, 2008.

B. C received from D on February 14, 2008 the registration of transfer of ownership on the ground of sale on December 21, 2007 with respect to the real estate stated in the separate sheet (hereinafter “instant real estate”), which was registered as preservation of ownership, from D on October 29, 191. The transaction value was KRW 670,000,000.

C. On February 14, 2008, C completed the registration of the establishment of a neighboring lease of KRW 444,00,000 with the maximum debt amount of KRW 44,00,000 to the Central Agricultural Cooperative (hereinafter “Central Agricultural Cooperative”). On March 1, 2008, C leased the instant real estate to the Plaintiff under the brokerage of Defendant B, etc., who operated the E Licensed Real Estate Agent Office, on April 1, 2008, with the deposit amount of KRW 95,00,000,000, the delivery date on April 7, 2008; and the lease period from the delivery date to April 6, 2010, after receiving the said deposit from the Plaintiff from the Plaintiff until April 7, 2008, and completed the registration of the establishment of a chonsegwon (right to lease on a deposit basis) with the Plaintiff on the same day by April 6, 2010.

On April 7, 2008, Defendant B drafted a letter of guarantee with the following content to the Plaintiff:

As the No. 44,00,000 won of the maximum debt amount is created over the housing above, Defendant B shall be liable for the shortage when the amount of KRW 95,00,000 of the lease deposit of the Plaintiff is not fully compensated by auction, etc. until the expiration of the lease term of the Plaintiff.

E. The Plaintiff completed the move-in report on the instant real estate on April 10, 2008, and obtained the fixed date on August 25, 2009, and the said lease contract has been implicitly renewed.

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