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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning for the judgment, and thus, they are cited in accordance with the main sentence
2. The occurrence of liability to pay mutual aid money from the defendant Association;
A. The content of the mutual aid agreement of this case is to pay mutual aid money for the damage suffered by the client when Defendant B, a licensed real estate agent, caused property damage to the party to the transaction by intention or negligence while acting as a broker.
B. According to the facts based on the facts, B, upon the alteration of the copy of the register of the apartment of this case and exercising it, had the Plaintiff enter into the instant lease agreement with D, and thereafter, paid the lease deposit. However, even though the instant lease agreement was terminated, the Plaintiff suffered losses, which were part of the lease deposit (=50,000,000 - 17,000,000). Thus, B is liable for compensation for damages suffered by the Plaintiff due to the said tort.
C. Therefore, the Defendant Association is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from January 13, 2019 to July 15, 2019, the date following the date when the copy of the complaint of this case was served on the Defendant Association with respect to the Plaintiff’s liability for damages, and at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., for the period from January 13, 2019 to the date when the two copies of the complaint of this case were served on the Defendant Association.
The plaintiff sought damages for delay from the day following the delivery date of the copy of the complaint of this case against the defendant Association, but the defendant Association shall examine the authenticity of the documents claimed within 60 days in receipt of the claim for the payment of the mutual aid money, and shall deliberate by the Compensation Deliberation Committee.