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(영문) 수원지방법원 2020.11.18 2019가단541274
손해배상(기)
Text

1. Defendant B’s KRW 5,00,000 as well as annual 5% from November 9, 2019 to November 18, 2020, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B is the owner of the Ftel G of Seongbuk-gu, Sungnam-si (hereinafter referred to as the instant officetel).

Defendant B owned six officetels, including the instant officetels, and concluded a monthly rent contract for the said six officetels through the brokerage of Defendant C, a licensed real estate agent.

B. On March 3, 2016, the Plaintiff entered into a lease agreement with Defendant C, a licensed real estate agent, called Defendant B’s agent, with respect to the instant officetel, with the term of the contract of KRW 140,000,000 and the term of the contract from April 11, 2016 to April 11, 2018 (hereinafter “instant contract”).

Defendant C, “A” in the lessor column of the pre-tax lease agreement drawn up at the time, and attached the seals and seals of Defendant B, with the seals and seals affixed thereto.

C. Defendant D (the mother of Defendant C) was delegated by the owner of the house in concluding the lease contract by Defendant C, but the owner of the house was unable to attend the contract in a foreign country. As such, the owner of the house was present at the time of concluding the contract as if he was the owner of the house at the time of signing the contract, so he consented to the request, and then present his resident registration certificate to the Plaintiff at the time of signing the contract of this case as if he were the Defendant B, and presented the forged resident registration certificate to the Plaintiff at the time of signing the contract of this case.

On March 2, 2016, the day before the conclusion of the instant contract, the Plaintiff remitted KRW 2 million to Defendant C, and remitted KRW 12 million to Defendant B’s account (National Bank H) on the day of the instant contract. On April 11, 2016, the remainder amounting to KRW 126,00,000 at Defendant D’s request, which was the date of the remainder, withdrawn as a check the check and paid to Defendant D the remainder amounting to KRW 126,00,000,000 at Defendant D’s request. Defendant D delivered this to Defendant C.

E. As above, Defendant C received a request from Defendant B for setting monthly rent to six officetels including the instant officetels. As to the instant officetels.

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