손해배상(기)
1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.
1. The reasons for admitting the judgment of the court of first instance are as stated in the main sentence of Article 420 of the Civil Procedure Act, except that the part concerning “2-B. C.” of the judgment of the court of first instance is dismissed as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts in height:
A. Limit of liability [Article 2-2(b) of the judgment of the court of first instance] Even if a licensed real estate agent is liable for compensating for any damage caused by his/her breach of the duty of care, the transaction party’s obligation to investigate and confirm the transaction relation which the principal of the transaction, who delegated the brokerage, shall entirely belong to the broker and the transaction party’s obligation shall not be deemed to be out
Therefore, in a case where a broker has determined the scope of compensation for the damage incurred to the broker by failing to perform his/her duty to investigate and confirm whether the broker is a real right holder in the course of mediating real estate transactions, if it is recognized that the broker neglected his/her duty to investigate and confirm the transaction relationship and that caused the occurrence and expansion of the damage, it shall be deemed that there was negligence on the part of the client who is the victim, and it shall be deemed reasonable in light of the basic principle of the damage compensation system
(See Supreme Court Decision 2012Da69654 Decided November 29, 2012). According to the Plaintiff’s perusal of the copy of the register of the instant building, the Plaintiffs could have sufficiently predicted the fact that there are many lessees with respect to other units of equipment and facilities similar to one’s leased object or may exist in the instant building. As such, the Plaintiffs already explained that senior collateral security was established in the amount of KRW 1.69 billion, it may result in the Plaintiff’s failure to receive a security deposit due to the existence of a small lessee if the auction procedure for the instant building is in progress.