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(영문) 울산지방법원 2018.12.20 2018나22909
손해배상(기)
Text

1. The part against Defendant B in the judgment of the court of first instance, which exceeds the following amount ordered to be paid.

Reasons

1. Basic facts

A. Defendant C is a licensed real estate agent operating the E Licensed Real Estate Agent Office in Sejong Special Self-Governing City, and Defendant B was employed by Defendant C and worked as a brokerage assistant in the said brokerage office.

Defendant D Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant C with the content that the amount of mutual aid coverage shall be KRW 100 million, and the period of mutual aid agreement shall be from December 30, 2015 to December 29, 2016, where Defendant C intentionally or negligently causes property damage to a transaction party in the course of conducting real estate brokerage, it shall be a mutual aid agreement with the transaction party to compensate the transaction party for property damage within the limit of the amount of mutual aid coverage.

B. The Plaintiff was introduced to Defendant B from F while finding a building to be leased for the establishment of a pharmacy.

Defendant B: (a) the hospital within Sejong Special Self-Governing City G building (hereinafter “instant building”); (b) the hospital within the hospital entered into a lease agreement; and (c) the approval for use of the instant building was granted on or around September 2016; and (d) the hospital immediately started the interior construction of the instant building; and (b) the Plaintiff demanded KRW 25 million for consulting expenses.

C. Accordingly, between Defendant B and C, on May 12, 2016, the Plaintiff entered into a lease agreement with H on the condition that the first floor of the instant building was leased KRW 60 million, monthly rent of KRW 4.4 million, and the contract term from September 30, 2016 to September 29, 2021 (hereinafter “instant lease agreement”).

At the time of the instant lease agreement, Defendant C prepared a lease agreement and presented a letter verifying the object of brokerage to the Plaintiff.

Before and after the conclusion of the instant lease agreement, the Plaintiff is the Defendant B’s account for consulting costs of KRW 25,00,000,000 on April 21, 2016, KRW 7,000,000 on April 25, 2016, and KRW 15,000 on May 13, 2016.

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