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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a legal entity that runs a mutual aid business under Article 42 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, and the Defendant is a licensed real estate agent that runs a real estate brokerage business under the trade name of “B Licensed Real Estate Agent Office”.
B. Around January 10, 2006 pursuant to Article 30 of the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, the Defendant entered into a mutual aid agreement with the Plaintiff on the condition that the Plaintiff compensates for the damage suffered by the transaction party within the limit of KRW 50,000,000 where the Defendant is liable for damages under the Business Affairs of the former Licensed Real Estate Agents and Report of Real Estate Transactions Act by causing property damage to the transaction party in the course of mediating real estate.
(hereinafter “instant mutual aid contract”). C.
C On July 31, 2008, the Defendant: (a) leased the instant building by setting the deposit money of KRW 40,000,000, and from July 31, 2008 to July 30, 2009, the lease term of KRW 40,000,000; (b) on September 7, 2009, the lessee and lessee changed to F, who is a de facto resident in C, as his/her father; and (c) on September 7, 2009, F was unable to receive the said deposit from E even after the lease term expires.
Accordingly, on November 14, 2011, as Daejeon District Court Decision 2011Ga63175, F filed a lawsuit against the Plaintiff and the Defendant seeking compensation for damages equivalent to the amount of the deposit on the grounds that the said deposit was not returned due to the Defendant’s negligence in the course of the above brokerage, and on June 14, 2012, the said court rendered a judgment ordering F to pay the Plaintiff and the Defendant KRW 20,000,000 and delay damages.
On July 16, 2012, the Plaintiff and the Defendant were Daejeon District Court No. 2012Na10698 regarding the above judgment.