A. D is the owner of the real estate indicated in the attached Form (hereinafter “instant officetel”), Defendant B is a licensed real estate agent, and Defendant C Association (hereinafter “Defendant Association”) is a mutual aid operator who entered into a mutual aid agreement with the content that compensates the parties to a transaction for the damage when Defendant B intentionally or negligently inflicted property damage on the parties to the transaction in the course of real estate brokerage (from November 8, 2015 to November 7, 2016, the deduction amount of KRW 100,000,000).

B. In fact, Defendant B, even though he was not authorized by D to conclude a lease agreement on the instant officetel and to receive a deposit, did so as if he was the agent entrusted with the said authority. On December 9, 2015, Defendant B, by deceiving the Plaintiff, entered into a lease agreement with respect to the Plaintiff and the instant officetel from December 17, 2015 to December 17, 2017, under which the deposit amount is KRW 60,000,000,000 was remitted from the Plaintiff.

C. On August 16, 2018, the Plaintiff filed the instant lawsuit against D and the Defendants seeking compensation for damages equivalent to KRW 60,000,000 for joint tort.

During the instant lawsuit, the Plaintiff and D became final and conclusive as a substitute for conciliation to the effect that “the Plaintiff shall receive KRW 19,00,000 from D and deliver the instant officetel to D, and D shall pay KRW 19,00,000 to the Plaintiff simultaneously with the delivery of the instant officetel from the Plaintiff.”

【Fact-founded facts, Gap 1, 3 through 6, 8, Eul 1-1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, Defendant B is a tort, and the Defendant Association is a mutual aid business entity of Defendant B, and the Plaintiff shall jointly compensate the Plaintiff for KRW 41,00,000,000, which the Plaintiff seeks, out of KRW 60,000,000, which Defendant B acquired through deception, unless there are special circumstances.