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(영문) 부산지방법원동부지원 2015.06.09 2014가단20693
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 22,50,000 as well as 20% per annum from January 1, 2015 to the day of complete payment.

Reasons

1. The following facts are acknowledged according to the purport of Gap evidence Nos. 1 to 9 and 11 and the whole arguments.

A. B, a licensed real estate agent’s license holder, registered and operated a brokerage office under the name of D Licensed Real Estate Agent’s Office (102) in Busan Young-gu Office, and entered into an insurance contract with the Defendant for authorization and permission guarantee with the insurance coverage period from February 14, 2011 to February 13, 2012, in order to guarantee liability for damages incurred to the parties to a transaction in connection with the brokerage act.

(hereinafter “instant guarantee insurance contract”). B.

B Lending a licensed real estate agent qualification certificate to E and, in fact, had E operate the above D Licensed Real Estate Agent Office, E received a request from F to rent KRW 10,000,000,000 from the Busan Suwon-gu C building 9.11, and KRW 6,50,000,000,000 from the lessor on January 15, 2012, as if he received a request for the lease from the lessor on January 15, 2012, he got the Plaintiff 45,5,00,000,000 from the Plaintiff by forging the F’s lease contract under the name of F.

E was convicted on March 31, 2014 due to the above criminal facts.

C. On July 19, 2013, F filed a lawsuit against the Plaintiff seeking the name map of a building. During the said lawsuit, the Plaintiff was aware that the Plaintiff lent the qualification certificate of licensed real estate agent B to E and sought damages against B and E by becoming aware of the fact that the Plaintiff committed such unlawful acts. In the said lawsuit, the decision of recommending reconciliation was finalized with the purport that the Plaintiff would be paid KRW 22.5 million from B.

According to Article 16 of the Terms and Conditions of the Guarantee Insurance Contract, the defendant shall, after receiving a claim for insurance proceeds, promptly determine the insurance proceeds to be paid after an investigation necessary for the payment of insurance proceeds and pay them within seven days when the amount is determined.

2. The assertion.

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