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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a mutual aid business entity that entered into a mutual aid contract between B and B pursuant to the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agents Act”), and B is a licensed real estate agent that has run the licensed real estate agent’s office in the trade name of “C,” and D is a child of B and has worked as a broker assistant of the above C.
B. Although D did not have concluded a lease contract with the Plaintiff as the lessee on September 25, 2008, D acquired money of KRW 63 million in total as the deposit for the lease on four occasions from the Plaintiff by fraud until March 4, 2009, including by forging the real estate lease contract with the Plaintiff as a lessee, which provides that “after entering into a lease contract with the owner of the ownership deposit of KRW 20 million, the Plaintiff shall be sent KRW 15 million a monthly rent to another person to receive monthly rent.”
C. Upon the Plaintiff’s complaint, D was indicted on November 18, 201 due to fraud, fabrication of private documents, etc., and was convicted of one year of imprisonment on May 25, 201. The judgment became final and conclusive around that time.
Then, on August 23, 2011, the Plaintiff asserted that “D, a broker assistant, constitutes brokerage under the Licensed Real Estate Agent Act, and B is liable for damages pursuant to Article 30 of the Licensed Real Estate Agent Act.” While filing a lawsuit for damages (Seoul Central District Court 201Da304785) and lost in the first instance court, the Plaintiff was judged in favor of the Plaintiff in the appellate court (Seoul Central District Court 2012Na19498), and the said judgment became final and conclusive on June 13, 2013 (Supreme Court 2013Da22324).
E. Meanwhile, according to Article 19 of the terms and conditions of a mutual aid agreement concluded between the Defendant and B, the extinctive prescription of the claim for mutual aid payment is two years from the date of the accident.
[Ground of recognition] dispute.