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(영문) 광주지방법원 2020.02.26 2019나59409
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendant, C, and D as the Gwangju District Court 2016Kadan513611 (hereinafter “relevant case”), and asserted that, as C and D failed to fulfill their duty of care in mediating the Plaintiff to enter into an officetel sales contract with the E company, the Plaintiff shall compensate the Plaintiff for the damages suffered by the Plaintiff, and the Defendant shall jointly compensate the Plaintiff for the damages according to the guaranteed insurance contract entered into with C and jointly with C.

B. Around October 31, 2017, the foregoing court held that arranging the conclusion of the officetel sales contract by C and D constituted brokerage under the Licensed Real Estate Agents Act, and recognized the establishment of liability for damages. However, by limiting the scope of liability to 50%, the court rendered a judgment that “C, D, and the Defendant jointly pay to the Plaintiff 70,945,000 won and its related amount, C and D from March 25, 2015; the Defendant shall pay 5% per annum from June 24, 2016 to December 19, 2017; and 15% per annum from the next day to the date of full payment” (hereinafter “relevant judgment of the first instance court”).

C. On December 22, 2017, the Plaintiff applied for the attachment and assignment order of claims under the judgment of the first instance court, 2017TT No. 118832, and received the attachment and assignment order of claims on December 29, 201.

C Around December 28, 2017, an appeal was filed against the judgment of the first instance in the relevant case by the Gwangju District Court 2018Na50511 (hereinafter referred to as “relevant appellate court”), and the Defendant filed an appeal on January 3, 2018. At the same time, the Defendant filed an application for the suspension of compulsory execution of this case and completed the deposit upon receiving a decision of the suspension of compulsory execution under the condition that the Defendant deposited KRW 71 million around the 8th of the same month, and filed an appeal against the seizure and assignment order of the instant claim.

E. The appellate court rendered a judgment dismissing an appeal on October 4, 2018, and the said judgment became final and conclusive on October 27, 2018.

In addition, this case.

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