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(영문) 서울고등법원 2018.05.10 2017나2043655
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasons why this Court stated in this part of the underlying facts are the same as the part of “1. Recognizing the reasoning of the judgment of the first instance,” and thus, shall be cited in the summary pursuant to the main sentence of Article 420 of the Civil Procedure Act, except for the following modifications.

In the first instance, the "F" and the "F" generated from the first instance "F" and the second instance "F" shall be deemed to be the "F" and the second instance "F" shall be deleted.

The Korea Investment Savings Bank of the Co., Ltd. and the Korea Investment Savings Bank of the Republic of Korea (hereinafter referred to as the "Korea Investment Savings Bank") shall be used in the form of "Korea Investment Savings Bank of the Republic of Korea" and the third page "Korea Investment Savings Bank of the Republic of Korea (hereinafter referred to as the "Korea Investment Savings Bank") shall be deleted.

Part 3, 6, 3, 6, 3, 3, 4, 4, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 1, 1, 1, 1, 1, 1, 1,

" by striking".

2. The summary of the Plaintiff’s assertion (the cause of the claim constituted by the Plaintiff) is as follows. For the following reasons, the Defendants are jointly obligated to pay to the Plaintiff KRW 200 million (the amount calculated by applying approximately 35% of the Defendants’ fault ratio to KRW 560 million, the actual amount of damages of the Plaintiff, and the amount stated in the purport of the appeal).

According to Article 14 of the Licensed Real Estate Agents Act, commercial building sale agency business may be conducted only by a corporate practicing licensed real estate agent.

However, even though Defendant B is not a corporate practicing licensed real estate agent, he performed the sales agency business of the instant commercial building through Defendant C, a brokerage assistant.

After concluding the instant sales contract with the FF to believe the Defendants, the Plaintiff paid the said company the sum of KRW 560 million in down payment and intermediate payment, and even though the said sales contract was rescinded for the reason of nonperformance, the said money was not returned up to now.

Therefore, the Defendants jointly do so to the Plaintiff pursuant to Article 30(1) of the Licensed Real Estate Agent Act.

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