1. The defendants' appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs by an appeal and incidental appeal.

1. Basic facts

A. On February 28, 2010, E, a broker assistant of the D Licensed Real Estate Agent Office operated by Defendant B, had been delegated by F with the authority to rent the Plaintiff at monthly regarding F’s Studio H in Busan-si, the Plaintiff, by deceiving the Plaintiff, and entered into a lease agreement between the Plaintiff and the Plaintiff with the lessor, the lessor, the Plaintiff, and the Plaintiff as his/her agent (hereinafter “instant lease agreement”).

B. The Plaintiff transferred KRW 5 million on March 2, 2010, and KRW 25 million on April 1, 2010 to the passbook in the name of E as lease deposit.

C. E was convicted on September 2, 2016 of the crime of fraud, fabrication of private documents, or uttering of falsified documents with respect to the above criminal act, and the said judgment became final and conclusive on September 10, 2016.

Daegu District Court 2015dan3416). D.

Meanwhile, Defendant C Association (hereinafter “Defendant C Association”) is a mutual aid business entity that entered into a mutual aid agreement with Defendant B to provide mutual aid for the client’s damages incurred to the clients due to a brokerage accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14, Eul evidence Nos. 1, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. 1) Determination as to the claim against Defendant B is as seen earlier, the fact that Defendant B was an employee of the Licensed Real Estate Agent Office operated by Defendant B, and as such, Defendant B is liable for damages incurred to the Plaintiff due to a tort committed during the performance of his duties pursuant to Articles 756 through 15(2) and 30(1) of the Licensed Real Estate Agent Act. However, the Plaintiff, as well, is also liable to compensate for damages incurred to the Plaintiff by the tort during his duties. However, the Plaintiff, upon receiving documents, etc. verifying the lessor’s intent objectively or without directly checking the F, concluded the instant lease agreement with E and paid the entire deposit amount to the account in the name of E as of the end of the contract.