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1. The Plaintiff:
A. Defendants B and C shall jointly and severally be KRW 100,000,000, and Defendant B shall be from August 20, 2016 to Defendant B.
Reasons
1. On May 12, 2016, the Plaintiff alleged that Defendant B and C agreed to pay KRW 100,000,000 to the Plaintiff on May 12, 2016, and sought payment of KRW 100,000 to the Plaintiff jointly and severally against the said Defendants. Defendant B is deemed to have led to confession pursuant to Article 150(1) of the Civil Procedure Act, and Defendant C is deemed to have agreed to pay KRW 100,00,000 to the Plaintiff along with Defendant B, in full view of the description of evidence No. 2 and the purport of the entire arguments as to Defendant B’s personal examination result, it is recognized that Defendant C agreed to pay KRW 100,00,000 to the Plaintiff.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 100,000,000 as well as damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 25, 2016 to the date of delivery of a copy of the instant complaint.
2. Determination on the claim against the defendant Korean Licensed Real Estate Agent Association
(a) Where a practicing licensed real estate agent causes property damage to a transaction party on purpose or by negligence in conducting brokerage, he/she shall be liable for such damage (Article 30 (1) of the Licensed Real Estate Agents Act), and the practicing licensed real estate agent shall subscribe to a guarantee insurance or a mutual aid under Article 42, or make a deposit, as prescribed by Presidential Decree, in order to guarantee the liability for damage under the above provisions
(Article 30(3) of the Licensed Real Estate Agents Act. In light of the purport of the above Act, the issue of whether a broker constitutes an act of brokerage shall not be determined by the subjective intent of the broker, which is to mediate or mediate a transaction for the party to the transaction, in light of the purpose of the above Act, and the act of the broker is objectively deemed to be an act for mediating or mediating the transaction in light of social norms.