A. On April 13, 2017, the Plaintiff entered into a lease agreement with Nonparty E to set the lease deposit amount at KRW 40 million (hereinafter “instant lease agreement”) with respect to the F-Si Building (hereinafter “instant multi-family house”) G as a broker of Nonparty C and D (hereinafter “C, etc.”) on April 13, 2017 (hereinafter “instant multi-family house”). After full payment of the lease deposit, the Plaintiff received a fixed date date on August 7, 2017 and filed a move-in report on December 24, 2018.

B. At the time of the instant lease agreement, three lessees were more than the sum of lease deposits, such as one collateral security (the maximum amount of claims KRW 396 million) and two chonsegwons (the sum of KRW 100 million for lease deposit) indicated in the registry, and as indicated in the lessee’s statement, the sum of KRW 145 million for lease deposit was entered in the instant multi-family house. At the time, C, etc. did not have any indication in the column of “the matters regarding the right of actual relation of rights or other matters that have not been publicly notified” of the confirmation description of the object of brokerage, etc. delivered to the Plaintiff

C. After that, on December 13, 2018, multiple real estate auction procedures were initiated on the instant multi-family house with the Cheongju District Court H as the Cheongju District Court Branch H on December 13, 2018, including the commencement of the compulsory auction procedure. The Plaintiff was unable to receive all dividends of the above lease deposit by smuggling to the mortgagee, lessee, etc.

(I, J, and K received dividends as the top priority lessee even though they leased the instant multi-family house more late than the Plaintiff).

On the other hand, C et al. entered into a mutual aid agreement with the defendant established to guarantee the broker's liability for damages by setting the deductible amount as KRW 100 million.

(C) The period of mutual aid is from January 21, 2017 to January 20, 2018, and D is the period of mutual aid from July 18, 2016 to July 17, 2017). The Defendant’s mutual aid provision provides that “if requested to pay mutual aid money by a beneficiary, it shall be paid within 60 days from the date of receipt of the notification.”