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1. The Defendants jointly share KRW 22,500,000 with respect to the Plaintiff and 5% per annum from August 7, 2016 to October 19, 2017.
Reasons
1. Facts of recognition;
A. Defendant B is a licensed real estate agent operating the “D Licensed Real Estate Agent Office” located in Daejeon Seo-gu Daejeon District Real Estate Agent Association (hereinafter “Defendant Association”) and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity which has concluded a mutual aid agreement with the effect that the amount of deduction is KRW 100 million, and the period of deduction is from February 12, 2013 to February 11, 2014, with the content that the liability for damages is guaranteed when the transaction party caused property damage due to intention or negligence in acting as a broker by Defendant B as a broker.
B. On May 2013, the Plaintiff: (a) requested Defendant B to arrange for a lease agreement; and (b) received 503 of the Daejeon Seosung-gu building F5 stories owned by E (hereinafter “instant multi-family house”) from the Plaintiff.
Around that time, Defendant B considered the Plaintiff to be the instant multi-family house, and explained to the Plaintiff that “A prior lease exists with respect to the instant multi-family house with a maximum amount of KRW 600 million to KRW 700 million, and the maximum amount of the claim related to the collateral security shall be KRW 700 million.”
C. On June 11, 2013, the Plaintiff entered into a lease agreement with Defendant B on the lease of KRW 503 of the instant multi-family house with KRW 75 million from August 16, 2013 to August 15, 2015 (hereinafter “instant lease agreement”).
At the time of the conclusion of the instant lease agreement, the establishment registration of a mortgage in the name of Hana Bank, the maximum debt amount of which was KRW 39 million and the maximum debt amount of which was KRW 14 million, was completed, respectively, with respect to the instant multi-family house in the name of Hana Bank, which was based on the maximum debt amount of KRW 50 million.
E. In addition, at the time of entering into the instant lease agreement, a lease agreement was concluded regarding each unit of the instant multi-family house as indicated in the following table.
The lease status No. 1 at the time of conclusion of the instant lease contract.