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(영문) 수원지방법원 안산지원 2018.11.14 2017가단68014
손해배상(기)
Text

1. The Defendants jointly pay to the Plaintiff KRW 55,00,000 and the interest rate thereon from July 12, 2018 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B, who operates the E Licensed Real Estate Agent Office, prepared a double contract between the lessor and the lessee and received consent from the Defendant C, who is his employee.

B. Accordingly, around December 2014, Defendant C: (a) leased the instant house at the E Licensed Real Estate Agent Office of Ansan-si F Building G (hereinafter “instant house”)’s spouse I, the lessor, with the delegation from the Plaintiff, and (b) leased the instant house at the monthly rent of KRW 400,000,000,000 in his own name; and (c) the Plaintiff was granted the Plaintiff the right of representation regarding the lease by the lessor’s telephone number stated in the contract; (b) the Plaintiff was granted the Plaintiff the right of representation on the phone number of the lessor, who was aware of the Plaintiff, by having the Plaintiff rent the instant house at KRW 55,00,000,000,000,000 from the Plaintiff, and was paid KRW 555,5,000,000,000 from the Plaintiff and issued the receipt under the name of H.

C. On December 26, 2016, Defendant C increased the lease deposit as KRW 100 million with the Plaintiff, and H concluded each lease agreement with the Plaintiff to increase the lease deposit as KRW 60 million with the monthly rent of KRW 300,000. Accordingly, on December 30, 2016, the Plaintiff transferred the lease deposit increased to the I’s bank account, the spouse of H, KRW 45 million (=10 million - 50 million).

[The amount of KRW 50 million increased in relation to H (=60 million - KRW 10 million), excluding the amount of KRW 45 million remitted by the Plaintiff, is paid by Defendant B and C].

Defendant D Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant B, and Defendant B caused property damage to the parties to the transaction by intention or negligence in performing real estate brokerage.

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