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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Determination as to the cause of claim
A. The plaintiff alleged that the plaintiff filed a claim for collection from B in accordance with the final judgment against B, and thereafter, the defendant is liable to pay the mutual aid money because the plaintiff suffered losses as illegal intermediary conduct in B. Thus, it is deemed that the plaintiff's claim is made selectively by selecting the plaintiff's claim and the claim for mutual aid money.
① On November 1, 2013, the Plaintiff received a claim attachment and collection order from the Suwon District Court 2012Gapo219923 against B, with respect to KRW 10 million among the mutual-aid claims against B against the Defendant based on the execution claim based on the final judgment on the return of unjust enrichment by Busan District Court 2012Gapo21923, and served on the Defendant around that time the collection order was issued.
Therefore, the defendant is obligated to pay to the plaintiff the collection amount of KRW 10 million and damages for delay.
② The Plaintiff introduced a store located in the Geum-gu, Busan and paid KRW 10 million as a brokerage commission to the Plaintiff.
However, in fact, since the trust registration under the Trust Act has been completed on the land and building where the above store is located, it was practically impossible to recover the lease deposit even if the plaintiff concludes the lease contract.
B, while being aware of the fact that a trust registration has been made as above, he/she has brokered the above store and did not confirm the real estate register properly. Thus, it constitutes a case where a broker, who is the cause for payment of mutual-aid, intentionally or negligently, causes property damage to the party to a transaction while acting as intermediary.
Therefore, the defendant is obligated to pay the plaintiff 10 million won and delay damages for the deduction.
B. We examine the determination of the claim for collection, and the credit system operated by the defendant is due to the broker's tort or default.