손해배상(기)
1. The plaintiff's appeal and the appellate court dismiss all the claims selectively added to defendant D.
2...
1. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure
2. The plaintiff's assertion
A. As to Defendant B, the Plaintiff purchased the instant land and tried to build a nursery facility. Although Defendant B was unable to grant a loan under the Agreement on the Loan of Sale Price, Defendant B deceptioned the Plaintiff to arrange a loan equivalent to KRW 1.8 billion including the construction cost of the nursery facility.
As a result, the Plaintiff concluded the instant sales contract and paid KRW 135,00,000 as the down payment, but suffered damages from forfeiture of the down payment.
Therefore, Defendant B is obligated to pay the Plaintiff KRW 135,00,000 for damages incurred by the tort.
B. Defendant C did not explain to the Plaintiff that, as a licensed real estate agent who was entrusted with the brokerage of the instant land by the Plaintiff, the relationship of rights, etc. of the object of brokerage and the obligation to verify the relationship of rights of the object of brokerage and explain it to the brokerage client with the care of a good manager, Defendant C did not explain that it is impossible to grant a loan pursuant to the loan agreement for sale price in violation of this duty. Accordingly, Defendant C was liable to pay the Plaintiff KRW 135,00,000 due to the breach of duty of care pursuant to Article 30(1) of the Licensed Real Estate Agents Act.
According to Article 15 (1) of the Licensed Real Estate Agents Act, the act of a broker assistant is employed.