손해배상(기)
1. The Defendant jointly with C and D, as well as KRW 57,519,554, and as to this, from December 25, 2018 to July 19, 2019.
1. Facts of recognition;
A. D is a person who runs the real estate brokerage business under the trade name of E Licensed Real Estate Agents, and C is a spouse of D and engages in the brokerage and auxiliary business at the office of the above Licensed Real Estate Agent.
Meanwhile, the Defendant entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with D with the content that the period of mutual aid between September 12, 2015 to September 11, 2016, including the amount of mutual aid as KRW 100 million (hereinafter “instant mutual aid agreement”).
[Mutual Aid Terms and Conditions] Article 2 (1) 1 of the Mutual Aid Agreement provides that the number of clients who suffered loss due to any brokerage accident that occurred during the period of mutual Aid, or the total sum of mutual Aid money which each client may receive from the Association regardless of the number of clients who suffered loss, shall not exceed the amount of mutual Aid money specified in the Mutual Aid Agreement.
(2) The scope of damage covered by the Association shall be the amount equivalent to the ratio of fault of a mutual-aid policyholder out of the amount which a member who has joined a mutual-aid agreement causes property damage to a transaction party in performing real
[Mutual Aid Provisions] Article 19 (9) Upon receipt of a beneficiary's claim for the payment of mutual aid money, the beneficiary shall make payment within 60 days of receipt of the notice.
Provided, That the foregoing shall not apply where any inevitable reason, such as failure to submit documents under paragraph (7), exists.
B. On June 27, 2015, in order to obtain monthly rent, the Plaintiff issued KRW 100 million to C for the purpose of the purchase price. On November 30, 2015, the Plaintiff entered into a contract to purchase an apartment complex located in Bupyeong-si G (hereinafter “instant apartment”) located in the F as a broker of C and issued KRW 158 million to F on the same day, and additionally issued KRW 38.5 million to F on the same day. On December 1, 2015, the Plaintiff completed the registration for the transfer of ownership.
C. However, on October 19, 2015, before the conclusion of the above sales contract, F determined the instant apartment as KRW 145 million to H, and on November 27, 2015, the delivery date.