기타(금전)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following changes in the part regarding “the judgment of the defendant’s assertion”, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Determination on the Defendant’s argument
A. The gist of the Defendant’s assertion is that: (a) the Plaintiff neglected to investigate and confirm the transactional relationship with the client, such as where the Plaintiff did not communicate with the lessor E while entering into the instant lease contract and did not confirm whether the said deposit was properly delivered even after the transfer; and (b) the Plaintiff’s mistake argues that the Defendant’s liability should be limited by taking into account in determining the mutual aid amount to be paid to the Plaintiff, which is the mutual aid business entity, under the principle of fairness
B. If the victim's negligence is acknowledged in a lawsuit seeking compensation for damages, the court shall take such factors into account in determining the liability for damages and the amount thereof, and even if a person liable for compensation does not assert the victim's negligence, the court shall ex officio examine and determine it in the case where the victim's negligence is recognized by the litigation materials. However, it is not permissible to allow a person who intentionally committed a tort by taking advantage of the victim's care to
(see, e.g., Supreme Court Decision 2010Da93035, Aug. 17, 2012). According to the instant mutual aid agreement, the same applies to the Defendant, which guarantees, within the limit of the deductible amount, the liability owed by the broker intentionally by committing a tort, to the transaction party. There is no reason to deem otherwise even if that is asserted as the limitation of liability based on the principle of fairness, not comparative negligence.
However, as seen earlier, B is intentionally the Plaintiff.