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(영문) 서울중앙지방법원 2019.04.11 2018가합504529

손해배상(기)

Text

1. Of the instant lawsuit, the part of the conjunctive claim against Defendant C is dismissed.

2. Defendant B is the Plaintiff on 226.

Reasons

Basic Facts

Pursuant to Article 30(1) of the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter “former Licensed Real Estate Agents Act”), the Plaintiff entered into a mutual aid agreement with each of the relevant brokers listed in the attached Table 2 in the attached Table 2 as a mutual aid business operator who operates a mutual aid business which guarantees compensation for damages in case the broker, who is a member, causes property damage to the transaction party intentionally or by negligence, and entered into a mutual aid agreement with the broker in the attached Table 2.

In the event that a mutual aid agreement between the Plaintiff and the instant broker Article 1 (Liability for Compensation) of the Mutual Aid Agreement, which is a real estate broker, causes property damage to a transaction party due to intentional or negligent conduct of real estate brokerage, the transaction party shall be liable for damage under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Act”), and the damage suffered by the transaction party shall be included in the certificate of mutual aid and the compensation in accordance with the terms and conditions.

Article 13 (Indemnification and Subrogation) (1) When a mutual-aid policyholder has paid mutual-aid money as the plaintiff has caused property damage to the parties to the transaction in acting as a broker, he shall have the right to indemnity against the relevant mutual-aid policyholder to the extent that it does not prejudice the interests of the beneficiary, and shall be collected in subrogation of the rights of the beneficiary against the mutual-aid

(2) The Insured shall submit documents necessary for preserving or exercising the rights under paragraph (1) to the Association and shall take the necessary measures required by the Plaintiff.

(hereinafter omitted) The terms and conditions of mutual aid relate to this case are as follows:

Defendant B, from August 2008 to August 1, 2008, is referred to as “ground buildings” among the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”).