구상금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and the interest rate thereon from August 29, 2017 to the date of full payment.
1. Facts of recognition;
A. (1) On November 8, 2012, the Plaintiff entered into a mutual aid agreement with Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under which the Plaintiff entered into a mutual aid agreement between the Plaintiff, in order to guarantee the damage if the Plaintiff is liable to compensate for the damage caused by its property damage to the transaction party by intention or negligence in performing a real estate broker’s act as a broker, and the deduction amount was KRW 200 million, and the deduction period was from November 8, 2012 to November 7, 2013.
(2) The main provisions of the mutual aid agreement applicable to the instant mutual aid agreement are as follows.
Article 1 (Liability for Compensation) Where a mutual-aid policyholder, who is a real estate broker, causes property damage to a transaction party by intention or negligence in performing the act of real estate brokerage, the Plaintiff shall be bound to compensate for the damage suffered by the transaction party by taking into account the business affairs of the licensed real estate agent and the report of real estate transactions in accordance with the relevant terms and conditions.
Article 13 (Right of Indemnity and Subrogation) (1) When the Association has paid the mutual aid money to the parties to the transaction, as a result of the occurrence of property damage to the parties to the transaction in acting as a broker, the Insured shall be entitled to the right of indemnity to the extent that it does not prejudice the interests of the Insured, and the Insured shall be collected in subrogation of the rights of the participants to
(4) If a mutual-aid policyholder is a juristic person, the representative director shall also exercise the right of indemnity.
B. On July 30, 2013, E entered into a sales contract with the broker of Defendant C, a licensed real estate agent affiliated with the Defendant Company, to purchase “F, G, and H I land and ground buildings in Incheon-gu, Jungcheon-gu, Seoul, for KRW 1.430 million, and paid KRW 100 million as down payment.
Since then, E belongs to the district unit planning zone under the National Land Planning and Utilization Act.