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1. The Plaintiff:
A. Defendant B’s KRW 100,000,000 and interest rate of KRW 15% per annum from January 1, 2017 to the date of full payment.
Reasons
1. On July 10, 2015, the Plaintiff entered into a lease agreement with Defendant B, setting the lease deposit amount of KRW 100 million and the term of lease from September 11, 2015 to September 11, 2017, with respect to 404 of the instant building (hereinafter “instant building”).
While mediating the above lease agreement, Defendant C, a licensed real estate agent, issued to the Plaintiff a certificate of mutual aid issued by the Defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the “Defendant Association”) (the contract that compensates the parties to the transaction for the damages incurred by the mediation of Defendant C during the mutual aid period, the amount of mutual aid KRW 100 million, and the period of mutual aid from February 6, 2015 to February 5, 2016).
Meanwhile, in the auction procedure of the building of this case, the Plaintiff did not receive the payment of the deposit refund claim.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. Determination
A. Claim No. 1) The Defendant B entered into the instant lease agreement with the intent to defraud the Plaintiff’s lease deposit. The Plaintiff, on the ground of Defendant B’s fraud, is revoked. Therefore, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from January 1, 2017, following the delivery of a copy of the instant complaint, to the date of full payment. (2) Article 208(3)3 of the Civil Procedure Act (by service by public notice) of the applicable provisions of the Acts.
B. As the real estate broker and the client’s legal relationship are similar to the delegation relationship under the Civil Act, the broker who received a request for brokerage has a duty to investigate and confirm the relationship of rights, etc. of the object of brokerage and explain it to the client with the care of a good manager, and if he/she violates such duty of care, he/she is liable to compensate for the damages arising therefrom (Supreme Court).