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1. Defendant B’s KRW 70,000,000 as well as 15% per annum from October 23, 2016 to May 31, 2019, respectively, to the Plaintiff.
Reasons
1. Facts of recognition;
A. Defendant C is the representative of the F Licensed Real Estate Agent Office located E at the time as a licensed real estate agent (hereinafter “instant licensed real estate agent office”), and Defendant B and G are each of the brokerage assistants of each of Defendant C, and are both married couples.
B. Defendant C was issued a summary order (No. 2277) worth KRW 7 million on June 28, 2017 from the Changwon District Court’s branch office (No. 2017 high-class 2277) on the ground of criminal facts that “after registering the establishment of the instant authorized brokerage office around November 18, 2012, Defendant B and G agreed to receive KRW 80,000 per month from Defendant B and G, and that from around that time to August 2013, Defendant B and G had the said licensed real estate agent office render brokerage services using the name and trade name of Defendant C and violated Article 7(1) of the Licensed Real Estate Agent Act.” The said summary order became final and conclusive on July 15, 2017.
C. On May 26, 2013, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with Defendant B, the owner of the H building I (hereinafter “instant building”), setting the lease deposit amount of KRW 70 million and the term of the lease from June 30, 2013 to June 29, 2015.
Defendant D Association (hereinafter “Defendant Association”) set the deduction amount as KRW 100 million between November 18, 2012 and November 17, 2013, and set the deduction period as between November 18, 2012 and Defendant C engaged in real estate brokerage, thereby causing property damage to a transaction party by intention or negligence, thereby causing property damage to the transaction party. The former Licensed Real Estate Agent’s Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 11866, Jun. 4, 2013; hereinafter “former Licensed Real Estate Agent Act”).
In case of liability for damages, a mutual aid contract was concluded with the content that compensation for the damages suffered by the transaction party.
E. As to the instant building and its site, November 8, 2017