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(영문) 서울중앙지방법원 2015.11.25 2015가단162606

구상금

Text

1. The Defendant’s KRW 43,800,000 as well as 5% per annum from August 1, 2013 to August 27, 2015 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) The Defendant entered into a mutual aid agreement has been running real estate brokerage business under the name of B brokerage office. In relation to the above brokerage business, the Plaintiff and the Defendant entered into a mutual aid agreement with the Defendant that “where a mutual aid policyholder, who is a real estate broker, intentionally or negligently, causes property damage to a transaction party, the Plaintiff shall compensate the transaction party for property damage within the limit of KRW 100 million of subscription amount” (hereinafter “instant mutual aid agreement”).

2) On December 9, 2009, the Defendant’s broker, Non-Party D E-Ba 101 (hereinafter “the instant house”) was signed. (2) The occurrence of a mutual aid accident occurred, C, as the Defendant’s broker.

As to the deposit amount of KRW 90 million, a lease contract was concluded. At the time, the National Bank Co., Ltd. (hereinafter “National Bank”) (hereinafter “National Bank”) was entered into on the instant house.

(B) Since a senior mortgage (the maximum amount of claims KRW 88,40,000) was established in the name of a national bank, D agreed to repay KRW 50,000,000,000 out of the secured debt at the time of payment of the remainder, and the Defendant explained to C that the collection of the deposit would be no problem even if D did not make a registration of reduction of the maximum amount of the maximum amount of claims against the national bank. (B) Since D received additional loans from the national bank and did not repay the loan, the instant house was sold upon a request for auction by the national bank, and C was distributed only KRW 35,251,69, out of the deposit amount against the national bank.

3) C) The Plaintiff and the Defendant were co-defendants and filed a lawsuit seeking compensation for damages with the Incheon District Court.

On July 3, 2013 on the premise of the defendant's brokerage negligence, the above court rendered a ruling of recommending reconciliation that "the plaintiff and the defendant shall pay 43.8 million won to each party C by July 31, 2013, and shall pay 20% interest per annum in addition to delay damages." The above ruling became final and conclusive.