손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. The grounds for this part of the underlying facts are as follows: (a) with respect to co-defendant B (hereinafter “Defendant”) of the first instance court, for which a separate and finalized judgment was made, the part corresponding to the judgment of the first instance is identical to that of the judgment, except where the indication of “Defendant” is omitted; and (b) this is cited in accordance with
2. The plaintiff's assertion and judgment
A. The Plaintiff asserted that the Plaintiff entered into the instant lease transfer contract that takes over the right to lease of the instant building from B in order to operate the Gosiwon, and the Defendant arranged the said contract as a licensed real estate agent.
The building of this case did not have a fire-fighting equipment necessary for business registration as a inspector, and if it did not have such equipment, the suspension of business or the revocation of business license may occur. The defendant did not give a proper explanation to the plaintiff and did not issue a certificate of object of brokerage.
The defendant did not properly fulfill his duty to confirm and explain the object of brokerage as provided by the Licensed Real Estate Agent Act, which caused the loss to the plaintiff to pay for the premium of KRW 120,00,000 due to the acquisition money under the above contract.
Therefore, the defendant is liable to pay the plaintiff the above KRW 120,000,000 as damages for default or tort, and the damages for delay.
B. Determination 1) Since the legal relationship between a real estate broker and a client is similar to that of a delegation relationship under the Civil Act, a broker who receives a request for brokerage shall investigate and confirm the relationship of rights, etc. of the object of brokerage and explain it to the brokerage client with the care of a good manager, and shall prepare the confirmation and explanation in writing and deliver it to the transaction party (Article 25(1) and (3) of the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by the Licensed Real Estate Agents Act, Act No. 12374, Jan. 28, 2014).