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(영문) 광주지방법원 2018.05.02 2017나56239

손해배상(기)

Text

1. Of the judgment of the court of first instance, the defendant C and the Korean Licensed Real Estate Agent Association shall lose the amount ordered below.

Reasons

1. Summary of the defendants' grounds for appeal

A. Defendant B did not merely introduce the instant officetel nor intermediate it.

C. Article 15(2) of the Licensed Real Estate Agent Association Act provides that an act of a broker assistant shall be deemed an act of a practicing licensed real estate agent who employs the broker. Defendant B’s act does not constitute an “occupational act” as provided in the above Act.

Plaintiff

In addition, since the contract for sale in lots was not fulfilled the duty of care generally required, the plaintiff's negligence should be taken into account in calculating the amount of damages. Since the defendant C only employed the defendant B and did not participate in the illegal act of the defendant C, the liability of the defendant C should be more narrowly restricted.

In the mutual aid agreement of this case, there are brokerage accidents other than brokerage accidents against the plaintiff during the mutual aid agreement of this case, so the damages against the plaintiff shall be divided in proportion to the damages for the client other than the plaintiff within the limit of the amount of mutual aid.

2. As a result of examining the grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the parties, the legitimacy of the judgment of the court of first instance is examined, and the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance, except where the part of the judgment of the court of first instance No. 7 (3) (hereinafter referred to as "liability for damages by Defendant C") is used as follows, and thus, it is acceptable as it is by

[3] Under Article 15(2) of the Licensed Real Estate Agents Act, where a broker assistant employed by Defendant C’s real estate broker liable for damages causes property damage to a transaction party by intention or negligence, the broker assistant is liable to compensate for the damage suffered by the transaction party as a tort, and the practicing licensed real estate agent is liable to compensate for the business conduct of the broker assistant.