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(영문) 서울중앙지방법원 2015.02.10 2014가합48878

구상금

Text

1. The Plaintiff:

A. Defendant A’s KRW 93,00,000 and annual 5% from June 14, 2012 to October 17, 2014; and

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The parties to the contract concluded a mutual aid agreement, including the trade name "C Licensed Real Estate Agent Office", and Defendant B is a licensed real estate agent who operates real estate brokerage business in the name of "D Licensed Real Estate Agent", and the Plaintiff is conducting mutual aid business with the Association, the members of which are real estate brokers. The Defendants and the Defendants concluded a mutual aid agreement between the Defendants, which states that "where a mutual aid policyholder, who is a real estate broker, causes property damage to a transaction party due to intention or negligence in performing real estate brokerage, the Plaintiff shall compensate the transaction party for property damage within the limit of 100,000,000 won per case of the mutual aid accident."

(2) Of the Plaintiff’s terms and conditions of mutual aid, Article 13 (Indemnification and Subrogation) (1) of the Plaintiff’s terms and conditions of mutual aid, where the Plaintiff paid mutual aid money as a result of the transaction party’s property damage to the transaction party in acting as a broker, the Plaintiff shall have the right to claim reimbursement against the relevant mutual aid party, and the beneficiary shall exercise the right to claim reimbursement against the insured party or a third party to the extent that it does not prejudice the interests of the beneficiary. (2) E filed a lawsuit against the Plaintiff for damages of KRW 210,00,000 on the ground that the aforementioned F and G act as intermediary for damages caused either intentionally or by negligence to the Plaintiff, as the Seoul Central District Court No. 2010,120,000 on August 18, 2011, the said court jointly and severally filed a lawsuit against the said F and E, G and E, seeking reimbursement of KRW 120,000 (hereinafter “instant decision”).

B. The above decision became final and conclusive around that time.

Accordingly, the plaintiff is entitled to mutual aid under mutual aid agreements between E and F, 100,000.