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(영문) 서울고등법원 2016.11.09 2015나18826
손해배상(기) 등
Text

1. Each appeal filed by Defendant D and E is dismissed.

2.(a)

At the request of a change in exchange at the trial, the defendant F.

Reasons

1. The reasoning of the court’s explanation as to this case is as follows, except for dismissal, deletion, or addition as follows, and thus, it is identical to the part against the Defendants among the reasons of the judgment of the first instance. Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Defendant C, “C,” “Defendant D, E, and F,” respectively, and “Plaintiffs paid KRW 700,000,000 to Defendant C on March 28, 2013,” which read “Plaintiffs paid KRW 700,000,000 as the lease deposit,” and “Plaintiffs paid KRW 550,00,000,000 on March 9, 2013 as the lease deposit,” respectively.

From the 6th to the 5th 6th 6th 6th , “Defendant F is a broker assistant of Defendant D,” and the 7th 2th 2th “in accordance with paragraph (2)” shall be read as “in accordance with paragraph (2), Article 33, or as “in accordance with paragraph (2)”. On the 7th 3rd 7th 1st 2nd, “Defendant F is a broker assistant of Defendant D, and deceiving the Plaintiffs by acting in concert with C’s illegal act on purpose or by negligence, so it is obligated to pay the said amount to the Plaintiffs in collaboration with C, Defendant D, and E for compensation for damages caused by illegal act.”

In the last end of the 10th page, the "and in the event that a brokerage assistant employed by a real estate broker has caused property damage to a transaction party intentionally or by negligence, the brokerage assistant is naturally liable for the damage suffered by the transaction party as a tort (see, e.g., Supreme Court Decision 2011Da77870, Feb. 23, 2012)."

Part 11 "A No. 12," is charged with "No. 12, A, 21, 23 through 26, 28, 29," and 3-5 of the same page "3-5 of the same Act stated that the auction of this case was in progress, and rather, the auction was fully withdrawn before the execution of the instant lease contract," and "the I auction of the court, such as the J. H auction with Sung-nam District Court, is proceeding."

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