beta
(영문) 춘천지방법원강릉지원 2020.03.17 2019나32061

공제금지급

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 8, 2015, the Plaintiff entered into a sales contract of KRW 407,00,000 for the purchase price of KRW 1223 square meters in Ulsan-gun, Ulsan-gun, Ulsan-si, the Plaintiff owned (hereinafter “instant sales contract”) and the licensed real estate agent E arranged the said sales contract.

B. E concluded a mutual aid agreement (Article 7 subparag. 4 of the Mutual Aid Agreement) with a broker, which is a mutual aid business entity, to exclude the damage caused by the broker’s act as a prohibited act of broker (Article 7 subparag. 5 of the Mutual Aid Agreement) from the scope of compensation, where the broker is liable to compensate for the damage caused by intention or negligence to the transaction partner’s property (Article 6 of the Mutual Aid Agreement). It concluded a mutual aid agreement (Article 7 subparag. 5 of the Mutual Aid Agreement) with the broker’s explanation beyond the scope of business other than the broker’s obligation to confirm and explain the object of brokerage as stipulated in Article 25 of the Licensed Real Estate Agents Act, and the damage caused by the broker’s act as a prohibited act of broker (Article 7 subparag. 5 of the Mutual Aid Agreement).

C. From September 2, 2009, F served as a brokerage assistant at the E Licensed Real Estate Agent Office, F was in charge of the instant sales contract brokerage assistant.

On July 2, 2015, the Plaintiff transferred KRW 5,00,000,00 to the account of wife G, and KRW 20,000,00 on July 6, 2015, and KRW 5,000,00 on September 1, 2015, respectively.

E. The Plaintiff filed a lawsuit against Chuncheon District Court Decision 2018 Ghana30290 on the claim for damages against E for KRW 26,337,00, and was rendered a favorable judgment by the said court on May 9, 2018 by failing to submit a written answer.

[Ground of recognition] The items of Gap evidence Nos. 1, 2, and 5, the result of the commission to send documents to the court of Chuncheon District Court, the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff is E.