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(영문) 대전지방법원 천안지원 2018.11.14 2018가단4495
손해배상(기) 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants’ status 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

(2) The Defendant C Association (hereinafter “Defendant Association”) concluded a mutual aid agreement, the main content of which is the payment of damages to a third party by the Defendant Association as mutual aid in the event of the damage to the third party caused by the Defendant Association’s act of brokerage as a broker of the Defendant Company.

B. On July 6, 2016, the Plaintiff entered into a lease agreement with the brokerage company of the Defendant brokerage company, setting the lease deposit amount of KRW 200 million and KRW 200 million per month for the Plaintiff’s lease contract (hereinafter “instant lease agreement”).

The Plaintiff paid KRW 200 million to D in accordance with the instant lease agreement, and operated the instant franchise upon delivery.

C. On March 14, 2017, the procedure of voluntary auction was initiated regarding the instant telecom building and site for the loss of lease deposit, and on February 14, 2018, the instant telecom building and site were sold to a third party.

However, the proceeds from the sale of the apartment building and site in this case were distributed to senior creditors, and the plaintiff did not receive the payment of the deposit for lease.

【Ground of recognition】 Each entry of evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Determination as to the claim against the defendant brokerage corporation

A. The plaintiff's assertion 1) The defendant intermediary corporation had the plaintiff enter into the instant lease contract of KRW 200 million by intention or negligence as follows while mediating the instant lease contract. Accordingly, the plaintiff paid KRW 200 million to the plaintiff, but the plaintiff was not paid the deposit at all in the auction procedure for the Moel building and site of this case, thereby causing damage to KRW 200 million. A) The plaintiff was a fund.

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