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1. Of the part against the Defendants in the judgment of the court of first instance, the Plaintiff lost the amount that constitutes the following order for payment.
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 first instance is the same as the “1. Basic Facts”, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion and judgment
A. Although Defendant C, as a real estate broker, has a duty of care to faithfully investigate and verify whether the lessor is the same as the owner of the instant apartment at the time of the instant lease agreement brokerage, Defendant C, in breach of such duty of care, prevents the Plaintiff from collecting KRW 61,831,010 out of the lease deposit. As such, Defendant C and the Mutual Aid Association of Korea, a broker, are liable to compensate for the amount of KRW 61,831,010 and delay damages.
B. Since the legal relationship between a real estate broker and a client arising from one liability for damages is the same as a delegation relationship under the Civil Act, under Article 681 of the Civil Act, a broker is obligated to perform the brokerage business requested with the care of a good manager in accordance with the substance of a request for brokerage, as well as to perform the brokerage business fairly and in good faith in accordance with Article 29(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act. Article 25(1) of the same Act stipulates that a broker to whom a request for brokerage was made bears the duty to verify the legal relationship of the relevant brokerage articles, the legal relationship of the relevant brokerage articles, and the transaction or restriction on use pursuant to the provisions of Acts and subordinate statutes, and provides that the broker has the duty to explain to the broker. Since the above legal relationship includes matters concerning the right holder of the relevant brokerage object, the broker has the duty to investigate whether the person seeking to sell, such as the good faith and good faith
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