logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.12.28 2018나2048008
손해배상(기)
Text

1. The plaintiff's appeal against the defendants and the defendant B's appeal are all dismissed.

2. The plaintiff and the defendant among the costs of appeal.

Reasons

1. The reasons for the entry in this case by the court of first instance are as follows: “Defendant B” in Section 2, Section 19 of the judgment of the court of first instance is as “Defendant B; “this case” in Section 3, Section 5 is as “instant case”; “Class 4, Section 5” in Section 5 is as “No. 3, 4, and 5”; “Defendant” in Chapter 8, Section 14 is as “I”; “Defendant” in Section 8 is as “I”; “Additional 2. Additional determination” is as to the Plaintiff’s assertion against the Defendant Association, which the court of first instance emphasizes in the trial; and therefore, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. According to Articles 6 and 7 of the Terms and Conditions of Mutual Aid among the Plaintiff’s assertion against the Defendant Association, the Defendant Association comprehensively compensates the damage caused by the Plaintiff’s intentional or negligent act of licensed real estate agents, but exceptionally exempt the liability of the Defendant Association only in cases where special losses not compensated are prescribed as an exception. The act of the Defendant B’s act of preparing the instant lease agreement with a false content by negligence violates the general duty of care as licensed real estate agents, and thus, the Defendant Association cannot be exempted

B. According to the judgment evidence No. 1 B, the damage covered by the Defendant Association is a property loss inflicted upon the transaction partner by intention or negligence in performing real estate brokerage as prescribed by the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act. However, the Plaintiff entered into a real estate brokerage contract with Defendant B, a mutual-aid policyholder.

Unless there is evidence that the Plaintiff is the party to the real estate transaction arranged by Defendant B, the Plaintiff cannot be deemed as the “party to the transaction” as stipulated in Article 6 of the Terms and Conditions of Mutual Aid to the Defendant Association, and thus, the Plaintiff’s damage constitutes Article 7 of the Terms and Conditions of Mutual Aid.

arrow