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Reasons
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(영문) 서울중앙지방법원 2016.08.18 2016가단5009448
손해배상(기)
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1. Defendant B shall pay to the Plaintiff KRW 101,415,450 and the interest rate of KRW 15% per annum from March 30, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 14, 2013, the Plaintiff, a licensed real estate agent, concluded a lease contract with Defendant B, setting the deposit of KRW 180,000,000,000,000 from July 30, 2013 to July 29, 2015, and the Plaintiff, the lessor, as the lessee, agreed to cooperate with the Defendant B’s loan of the former rent loan.

B. On July 30, 2013, Defendant B entered into a pledge agreement (security limit: 132 million won) with a new bank (hereinafter “Defendant bank”) that extended a loan of the deposit money to the Defendant bank, and the Defendant bank notified the Plaintiff, a lessor, of the said fact.

C. After that, Defendant B was unable to maintain the lease contract due to its own circumstances and demanded termination thereof, the Plaintiff entered into a lease agreement with the broker of Defendant C (the Industrial Bank of Korea, in which Party E was in office) as to May 26, 2014, with a deposit amounting to KRW 180 million (on September 11, 2014, transfer the remainder of KRW 162 million to the Plaintiff’s national bank account) and the period fixed from September 11, 2014 to September 10, 2016.

On June 17, 2014, the Plaintiff was notified that F was transferred from Defendant B, the wife of Defendant B, KRW 70 million, out of the amount of KRW 180,000,000,000,000 from May 12, 2014.

E. On September 11, 2014, the Plaintiff confirmed that the remaining balance was deposited in its own national bank account with KRW 162 million, while Defendant C was present, and drafted a receipt to E.

F. At that time, the Plaintiff received a guidance from Defendant C that “I would pay off the entire loan of Defendant B with the window of a direct new bank.”

Nevertheless, around September 11, 2014, the Plaintiff transferred KRW 111,229,683 corresponding to the loan of the former loan to Defendant B’s personal account (G) at the high-dong branch of the National Bank.

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