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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 juristic person established pursuant to the Certified Judicial Scriveners Act, which carries out a mutual-aid project to guarantee liability for damages to its clients, and the defendant is taking part in the said mutual-aid agreement.
B. According to Article 11(1) and (2) of the Plaintiff’s current Compensation and Indemnity Regulations, when a member causes property damage to his/her delegating person by intention or negligence in the course of performing his/her duties, the mutual aid fund shall be paid within the limit of 200 million won per member per year. According to Article 13(1) of the same Regulations, when the Plaintiff paid mutual aid money, the mutual aid fund shall be entitled to recover the amount determined by the Mutual Aid Fund from the relevant delegating person
C. E’s delegated process of applying for an auction of real estate for the Defendant and the Defendant’s work performance 1) E and G’s financial relationship between E and H (hereinafter “H”) have invested in the H Co., Ltd. (hereinafter “J”) operated by G and G through I from August 208 to August 2008.
B) On January 26, 2010, E and G set the total amount of investments made by E through I, and the amount of investments and unpaid profits made by E under an investment contract dated June 30, 2009, as KRW 1 billion. The H and J drafted an investment contract with KRW 1 billion and KRW 1.5% per month of the investment return. 2) Upon the completion of the registration of the transfer of a right to collateral security, the amount of the real estate with KRW 50 million per maximum debt, KRW 1.2 billion per each of the instant real estate (hereinafter “each of the instant real estate”), KRW 1.2 billion per each of the instant real estate, which is owned by G and L, and the real estate with KRW 484.6 square meters per annum and its ground buildings (hereinafter “each of the instant real estate”). The said investment obligation was set up to secure the repayment of the maximum debt amount of KRW 600,000,000 per each of the instant real estate, and KRW 1.22 billion per each of the instant real estate.