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(영문) 서울남부지방법원 2016.05.19 2014가합103207
손해배상(기)
Text

1. The Defendant’s KRW 184,672,00 for the Plaintiff and KRW 20% per annum from June 23, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. 1) The Defendant entered into a mutual aid contract on August 23, 2008, the network B of licensed real estate agents (hereinafter “the network”).

B) As between August 23, 2008 and August 22, 2009, the term of the mutual aid agreement is KRW 100 million, with the amount of the mutual aid agreement as KRW 100 million, where the deceased incurred property damage to the transaction party due to intention or negligence during the mutual aid period, the Defendant entered into a mutual aid agreement with the content that the Defendant compensates the transaction party for property damage incurred to the transaction party within the limit of the amount of the amount of the mutual aid agreement, and then the said mutual aid period was renewed every year on the expiration of each mutual aid period and extended the said period by order on August 22, 2013 (hereinafter referred to as the “instant mutual aid agreement”).

(1) [Standard Terms and Conditions of Mutual Aid] Article 2 (Limit and Scope of Compensation) ① Number of clients who have suffered damage due to any brokerage accident that occurred during the period of mutual aid, or the aggregate amount of mutual aid money that each client may receive from the Association regardless of the number of clients who have suffered damage due to any brokerage accident that occurred during the period of mutual aid, does not exceed the amount of mutual aid subscription stated in the certificate of mutual aid. ② The scope of damages covered by the Association does not exceed the amount of mutual aid subscription stated in the certificate of mutual aid. ② The scope of damages covered by the Association shall be the amount equivalent to the percentage of fault of the account holder out of the amount that a member causes property damage to a transaction party in performing a real estate brokerage act. ① Article 11

(2) The Association shall review the authenticity of the documents requested and pay the amount equivalent to the percentage of the fault of the insured within the limit of the subscription amount after deliberation by the Compensation Deliberation Committee. [Regulations] Article 19 (Claim and Payment of the Mutual Aid Fund).

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