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(영문) 서울서부지방법원 2019.07.26 2019나30277
약정금
Text

1. Of the part against the defendant in the judgment of the court of first instance, order the payment in excess of the amount ordered below.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: Article 15(1) of the Licensed Real Estate Agents Act, which is set forth below 4 of the judgment of the court of first instance, shall be dismissed as “Article 15(2) of the Licensed Real Estate Agents Act”; and the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the Defendant’s addition or supplementary decision as to the part alleged in the trial, as stated below (2).

2. Additional or supplementary judgment

A. The summary of the defendant's assertion ① the co-defendant E (E) of the first instance court, a brokerage assistant, committed a tort outside the defendant's management and supervision, and there is no management and supervision responsibility for the defendant.

The plaintiff's claim shall be dismissed.

② The Plaintiff’s negligence, such as failure to directly verify the Defendant.

This seems to be the argument that the plaintiff's negligence should be considered in determining the amount of damages.

B. In light of the purport of the provisions of the law aimed at protecting the transaction parties, the issue of which act constitutes brokerage shall be determined not by the subjective intent of the broker, but by the objective view of the broker’s act objectively and objectively, whether the act of the broker is deemed to be an act for the brokerage and intermediation of transaction (see, e.g., Supreme Court Decision 2005Da32197, Oct. 7, 2005). Meanwhile, Article 15(2) of the Licensed Real Estate Agent Act provides that “the act of a licensed real estate agent or brokerage assistant affiliated with a licensed real estate agent or brokerage assistant shall be deemed to be the act of the practicing licensed real estate agent who employs him/her, and Article 30(1) provides that “When a practicing licensed real estate agent causes property damage to the transaction party due to intention or negligence in performing brokerage, the broker is liable to compensate for such damage.”

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