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(영문) 인천지방법원부천지원 2016.10.26 2016가단2644
손해배상(기)
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 65,00,000 and KRW 6,500 among them, Defendant B’s KRW 5,000 from October 9, 2010 to KRW 58,50,000.

Reasons

1. Basic facts

A. Defendant C is a person who was engaged in real estate brokerage business under the trade name “E Licensed Real Estate Agent Office” from Busan to September 2001, and was closed on or around December 2015, and Defendant C is a wife of Defendant C, who was working as a broker assistant of Defendant C.

B. Around September 2010, the Defendant Association concluded a mutual aid agreement with Defendant C with the following content (hereinafter “instant mutual aid agreement”).

The amount of mutual aid coverage: The coverage period of 100 million won from September 12, 201 to September 11, 201: Where a real estate broker who has joined a mutual aid agreement causes property damage to a transaction partner intentionally or by negligence while acting as a real estate broker, the compensation limit for losses suffered by the transaction partner: The scope of losses covered by the Defendant Association shall be the amount equivalent to the percentage of fault of the transaction partner out of the amount that a member has incurred property damage to the transaction partner while acting as a real estate broker; however, the amount of losses covered by the Defendant Association shall be the amount equivalent to the percentage of fault of the transaction partner among the amount that a member has incurred property damage to the transaction partner while performing a real estate intermediary act as a broker, and regardless of the number of clients who suffered damage due to any brokerage accident occurred during the period of mutual aid, or the number of clients who suffered damage, regardless of the amount of damage covered by the Defendant Association shall not exceed the amount of mutual aid coverage stated in the certificate of mutual aid (hereinafter referred to as “instant clause”).

C. On August 2010, Defendant B entered into a monthly rent contract with F and received delivery of F-owned residential buildings (Seoul G apartment 904 Dong 603, 603, hereinafter “instant apartment”). On October 9, 2010, Defendant B entered into a lease contract with F, lessee, and lessee with F, and the Plaintiff’s deposit amount of KRW 65 million with respect to the instant apartment as if the Plaintiff and the Plaintiff were delegated by F with F to receive the lease and deposit amount. As such, Defendant B entered into a lease contract with F, lessee, and the Plaintiff’s deposit amount of KRW 65 million with respect to the instant apartment.

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