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(영문) 수원지방법원안산지원 2017.09.12 2016가단69874
손해배상(기)
Text

1. The Defendants’ respective Plaintiff KRW 20,000,000 and Defendant B with respect thereto from July 9, 2017.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 7, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:

The plaintiff is the owner of C Apartment 7 Dong 106 (hereinafter "the apartment of this case"), D is a licensed real estate agent, who had operated the F Licensed Real Estate Agent Office in Si-Y as a licensed real estate agent, and the defendant B is a mother of D who had worked as a broker assistant in the above brokerage office.

The Defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement with D on February 16, 2012 with the mutual aid amount of KRW 100 million and the mutual aid period from February 21, 2012 to February 20, 2013.

B. On June 2, 2012, the Plaintiff, who was residing in Seoul, delegated the business of leasing the instant apartment to the said Licensed Real Estate Agent Office, and the Defendant B, wishing to rent the instant apartment to the Plaintiff KRW 5 million and KRW 400,000 per month of rent. On June 5, 2012, G transferred the said lease deposit amount to the Plaintiff and sent the said lease agreement to the lessee by mail.

C. From July 10, 2012 to July 2015, the above monthly rent was deposited from around July 10, 2015 to the Plaintiff’s account, and was not deposited thereafter. Accordingly, Defendant B belonged to the Plaintiff and G on June 2, 2012, and Defendant B leased the instant apartment amount of KRW 35 million to G without rent, and transferred money in the name of monthly rent to the Plaintiff.

Defendant B promised to pay 40,000 won each month the lease deposit to G as the Plaintiff would return the lease deposit to G, and until that time, Defendant B promised to pay 40,000 won the above rent.

E. Since then, the Plaintiff filed a lawsuit against G for requesting the issuance of the instant apartment (2016 Ghana 15143).

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