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(영문) 서울중앙지방법원 2015.05.27 2014나53942
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. On August 2, 2010, the Plaintiff Association, which operates a mutual aid project for a real estate broker, concluded a mutual aid agreement with C that provides a mutual aid agreement with a licensed real estate agent C who operates a “B” around August 2, 2010, with a mutual aid period of KRW 100 million from August 2, 2010 to August 2, 201.

In addition, the Plaintiff Association entered into a mutual aid agreement with the Defendant, a licensed real estate agent operating "D" around September 7, 2010, which is a mutual aid contract with the amount of deduction at KRW 100 million from September 7, 201 to September 6, 2011.

In addition, the terms and conditions of mutual aid of the Plaintiff Association are as follows:

Article 13 (Indemnification and Subrogation) (1) When the plaintiff has paid the mutual aid money as a result of the loss of property to the parties to the transaction in acting as a broker, the intermediary contractor shall have the right to indemnity against the party to the mutual aid contract concerned, and the beneficiary shall exercise the right to indemnity against the party to the mutual aid contract to the extent that the interests of the beneficiary are not undermined

Meanwhile, on October 26, 2010, the Defendant and C, a licensed real estate agent, suffered property damage to E in the process of jointly performing real estate brokerage (hereinafter referred to as the “instant brokerage accident”) with the request of E around October 26, 2010.

Accordingly, around December 14, 2010, the Defendant paid KRW 10 million out of the amount of damage of E caused by the instant brokerage accident (assumptive to KRW 1800,000), and agreed with E to the following effect (hereinafter “instant agreement”) with E:

In other words, E receives KRW 10 million from the defendant, and at the same time does not hold a civil or criminal liability against the defendant, and waives all the claim against the defendant, other than the lawsuit.

(2) Paragraph (b) of this Article: Provided, That if the Defendant had made efforts to recover the amount of damage suffered by E, but the amount of damage suffered by E was insufficient, the Defendant may claim the amount of money according to the ratio of negligence within the difference.

(2) subsection (d) of this paragraph, E shall be the defendant and C, and they shall be.

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