Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The Defendant is a mutual-aid business entity established to guarantee liability for damages that a mutual-aid policyholder, who is a real estate broker, suffers from property damage to a transaction party by intention or negligence while acting as a real estate broker.
B. The defendant, under the trade name of "B real estate brokerage", entered into a mutual aid agreement in which the defendant would compensate for property damage to a transaction party due to intentional or negligent conduct of real estate brokerage, and Article 11(1) and (2) of the said mutual aid agreement provides documents proving the amount of damage, such as a copy of the court's decision confirmed by the person who suffered property damage due to the brokerage accident (hereinafter "beneficiary"), and stipulates that the defendant shall review the authenticity of the contents of the document and pay the amount equivalent to the ratio of fault of the subscriber to the mutual aid within the limit of the amount of the mutual aid amount after deliberation by the Compensation Deliberation Committee.
C. The Plaintiff filed a claim against A for damages due to A’s brokerage negligence with Suwon District Court Decision 2014Ga28837, but was sentenced to a judgment against the Plaintiff, and appealed with Suwon District Court Decision 2015Na30234 and rendered a judgment on June 17, 2016 that “A shall pay the Plaintiff KRW 10,000,000 as compensation for damages due to brokerage negligence and its delay damages.” The judgment became final and conclusive on July 13, 2016.
[Recognition] Facts without dispute, Gap evidence No. 13-1, 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts of recognition, the Defendant jointly with the Plaintiff as to the mutual aid amounting to KRW 10,000,000 for the above amount of damages, and the date on which the Plaintiff served a copy of the complaint of this case seeking the payment of the mutual aid money, which was clearly recorded, from February 16, 2015 to April 60, 2015.