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(영문) 서울북부지방법원 2020.04.23 2019나37838
손해배상(기)
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the contents of paragraph (2) to section 4-17 of the judgment of the court of first instance, and therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In addition, the Defendant asserts to the effect that, if the Plaintiffs knew that F is not a licensed real estate agent or paid attention, F made a transaction with F under the circumstances that F is sufficiently recognizable that it is not a licensed real estate agent, the Defendant does not assume an employer’s responsibility for the F because the Plaintiffs, who were the victims, knew, or was unaware due to gross negligence, that the F’s act does not constitute an act of performing the business of the supervisor of the business on behalf of the Defendant or the Defendant.

However, the gross negligence in the above case refers to the situation where it is recognized that the other party to the transaction knew that the act of the employee would not have been lawfully performed within his authority if he had paid little attention to the situation, and there is little lack of care to the extent close to the intention of the general public and there is no need to protect the other party from the perspective of fairness (see, e.g., Supreme Court Decision 2001Da58443, Dec. 10, 2002). The defendant's assertion ① The situation that the plaintiffs are either U who had a monetary transaction relationship with F before it, or are a family member, ② In this case where the defendant's brokerage assistant, not the defendant's real estate agent, but the defendant's name and photograph were supported by the defendant's brokerage contract with the plaintiffs, the plaintiffs knew of the fraudulent conduct of F or even if they were involved in the defendant's office.

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