손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The Defendants are jointly subject to the selective claims added at the trial.
1. Basic facts
A. A. Around February 2015, D delegated H with the sale of the sale right to E neighborhood living facilities of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”) and H again delegated brokerage to the Defendants, a licensed real estate agent, and F.
B. On April 4, 2015, the Plaintiff concluded a sales contract for the instant building sales right (hereinafter “instant contract”) with D as a broker between the Defendants and F.
In the above sales contract, the Plaintiff and D determined the sale price of KRW 49,00,000 for the sale price and KRW 49,000 for the sale price for the sale right, and KRW 10,000,000 for the sale price of KRW 49,000 for the above 49,000,000 until April 9, 2015, respectively, determined to pay KRW 39,00,00 for the sale price until April 14, 2015.
In addition, the Plaintiff and the Defendants paid KRW 4,00,000,000 as a brokerage commission, and between D and D, the Plaintiff did not enter them in the above sales contract, but did not pay KRW 30,000,000,000 in addition to the above contract contents.
C. The Plaintiff paid KRW 49,000,000 to D on the above day, and on April 14, 2015, transferred KRW 30,000,000 and brokerage commission to the account under the name of Defendant C’s husband G upon the designation of the Defendants.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 2 to 7, testimony of party witness F, purport of whole pleadings
2. Summary of the plaintiff's assertion
A. The Defendants, despite having been delegated the premium amount of KRW 20,000,000 from D, had the Plaintiff conclude the instant contract by deceiving the Plaintiff that the premium amount was KRW 30,000,000,000, and had the Plaintiff enter into the instant contract.
In other words, the Plaintiff entered into the instant contract by the Defendants’ tort, and thereby, incurred damages of KRW 30,000,000 and KRW 4,00,00,00, which were paid by the Defendants’ tort, the Defendants are obligated to compensate for damages of KRW 34,00,00.
B. The Defendants are obliged to mediate the instant contract in good faith and fairness by concluding a brokerage contract with the Plaintiff.