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(영문) 부산지방법원동부지원 2015.09.24 2015가합112
전부금 등
Text

1. The Defendant’s KRW 200,000,000 as well as 5% per annum from February 3, 2015 to September 24, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. B as a licensed real estate agent, “C” was operating a real estate brokerage office in a mutual name. On July 24, 2012, B entered into a mutual aid agreement (including a mutual aid agreement in this case’s number D; hereinafter “instant mutual aid agreement”) with the Defendant during the mutual aid period from July 24, 2012 to July 23, 2013.

Article 1 (Liability for Compensation) of the Terms and Conditions of Mutual Aid (Liability) Where a mutual-aid policyholder, who is a real estate broker, causes property damage to a transaction party by intention or negligence, the defendant shall be liable for damage under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter referred to as the "Licensed Real Estate Agents Act"), and shall be compensated for the damage suffered by the transaction party in accordance with the Terms and Conditions of Mutual Aid.

Article 11 (Claims and Payment of Mutual Aid Money) (1) A person who suffers property loss due to a brokerage accident (hereinafter referred to as "person subject to mutual Aid") may directly claim a mutual aid money to the defendant by preparing documents proving the amount of loss.

(2) The defendant shall review the authenticity of the documents requested and shall pay the amount equivalent to the ratio of fault of the subscriber to the mutual aid within the limit of the subscription amount after deliberation by the Compensation Deliberation Committee.

3. The beneficiary may be disadvantaged if he does not directly claim the mutual aid money to the defendant.

Article 19 (Extinctive Prescription) Claim for payment of mutual-aid money is complete unless it is exercised within two years from the date of occurrence of the accident.

Article 19 (Claim and Payment of Mutual Aid Money) (7) of the Mutual Aid Regulations where the beneficiary wishes to receive mutual aid money due to a mutual aid accident, he/she shall submit the following documents:

1. Request for payment of mutual aid money;

3. An agreement, protocol of conciliation, or a final and conclusive court ruling on the compensation of damages between the practicing licensed real estate agent and the client.

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