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(영문) 서울중앙지방법원 2016.05.24 2015나65140
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasons why this Court shall explain this part of the facts of recognition are as follows: (a) the Court shall dismiss the “through F” of the second part of the judgment of the first instance through F and K, and (b) the “this Court” of the fourth part to the “Court of the first instance,” and (c) the corresponding part of the reasoning of the judgment of the first instance is the same as that of the corresponding part of the judgment, and thus, shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion and judgment

A. The Plaintiff’s assertion that Defendant B bears the joint and several liability for damages suffered by the victim H pursuant to the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, and the Defendant Association bears the joint and several liability for damages incurred by the victim H pursuant to the mutual aid agreement concluded with Defendant B. Thus, the Defendants asserts that the Plaintiff is liable to pay the victim H the damages exceeding the Plaintiff’s share.

B. 1) Article 30 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agents Act”) provides that “A broker shall be liable to compensate for any damage to the property of a transaction party caused intentionally or by negligence to the transaction party in performing the act of brokerage.” Article 15(2) of the same Act provides that “The act of licensed real estate agent affiliated with a licensed real estate agent or brokerage assistant shall be deemed the act of the broker who employs the broker.”

Therefore, Defendant B is liable for compensating for damages suffered by H due to the tort committed by G as an intermediary assistant under Articles 30 and 15(2) of the Licensed Real Estate Agent Act by committing a tort.

(See Supreme Court Decision 2006Da29945 delivered on September 14, 2006). Furthermore, comprehensively taking account of the overall purport of pleadings in the written evidence Nos. 1 and 2 of this case, the Defendant Association concluded a mutual aid contract with the Defendant B is liable for damages to the parties to the transaction pursuant to Article 30 of the Licensed Real Estate Agent Act.

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