손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the dismissal of the fourth to fifth to second to fifth to the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
First, we examine whether Defendant B is liable for damages.
1) Defendant B’s liability for damages regarding the instant contract is premised on Defendant B’s duty to investigate and confirm the legal relationship, etc. of the instant officetel, which is the object of brokerage, with the care of a good manager, and explain it to the Plaintiff. Thus, only if Defendant B’s circumstance is acknowledged that the instant contract was mediated as a broker assistant of the instant brokerage office, Defendant B is obligated to do so. In light of the purport of the legal provisions aimed at protecting the parties to the instant transaction, whether the act constitutes brokerage should not be determined based on whether the broker had the intent to mediate and mediate the transaction on behalf of the parties to the transaction, rather than on whether the broker had the intention to objectively consider the broker’s act as an act for mediating and arranging the transaction in light of social norms.
(A) In full view of the following circumstances, it is difficult to determine that Defendant B was acting as a broker of the instant contract from the time when Defendant B introduced the Plaintiff with F and H, until the instant contract was concluded, and the instant brokerage office did not perform any act related to the instant contract, in addition to the above facts of recognition (see, e.g., Supreme Court Decisions 201Da5883, Nov. 29, 2012; 201Da59711, Nov. 29, 2012).
(b).