logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.15 2017나310423
공제금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is the same as the ground for the judgment of the court of first instance, except for the following part of “2. height”. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act

2. On the ground of the judgment of the court of first instance, the fifth to sixth to tenth of the grounds of appeal are as follows.

“Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter “Licensed Real Estate Agent Act”)

(1) Under Article 30(1) and (3), the mutual aid system operated by the Defendant is a guarantee insurance system that guarantees liability for damages that a licensed real estate agent is liable to a transaction party due to his tort or nonperformance. In the event that a mutual aid policyholder, who is a licensed real estate agent, intentionally or negligently, causes property damage to a transaction party, the client may directly file a claim for the payment of mutual aid money with the Defendant in the same position as the insured of so-called non-life insurance contract for the benefit of a third party pursuant to a mutual aid agreement concluded between a licensed real estate agent and the Defendant. In addition, even though the mutual aid project operated by the Defendant is not an insurance business under the Insurance Business Act, as it is similar to mutual aid in its nature, the extinctive prescription of a mutual aid claim made by the client against the mutual aid company shall be applied mutatis mutandis by analogy the provisions of Article 664 of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014). The claim for mutual aid money can be exercised from the time when the accident occurs.

arrow