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1. The Defendant’s KRW 43,166,826 as well as the Plaintiff’s annual rate of KRW 5% from May 17, 2013 to August 26, 2015.
Reasons
1. Facts of premise;
A. From April 12, 2009 to April 11, 2010, the Plaintiff entered into a mutual aid agreement with the Defendant with the content that the Plaintiff compensates the parties to the transaction within the limit of KRW 100,000,00 for damages suffered by the parties to the transaction in the event that the parties to the transaction sustained property damage by means of real estate brokerage.
B. On May 16, 2009, the Defendant: (a) arranged a contract under which C & 202 square meters in Gwangju-si, Gwangju-si, and 120.97 square meters in its ground-based housing (hereinafter “instant housing”) sell D KRW 150,000,000 (hereinafter “instant contract”).
[Ground of recognition] Evidence No. 1, Evidence No. 2-2, and purport of the whole pleadings
2. Determination on the cause of the claim
A. 1) The Plaintiff’s assertion 1) The Plaintiff breached his duty of care to accurately inform the state of the site and housing in the course of mediating the instant contract, thereby seeking reimbursement against the Defendant that the Plaintiff paid KRW 43,166,826 of the mutual aid money to D pursuant to the mutual aid agreement. The Defendant’s assertion is only a confirmation of the area on the public register through a cadastral map or forestry map, and there is no obligation to survey and investigate the actual status. Thus, even if the actual status does not coincide with the area on the public register, the Plaintiff, a licensed real estate agent, is not liable for breach of duty of care.
B. The facts of recognition are as follows. 1) The phrase “120.97 square meters of a wooden splate roof 120.97 square meters” written in the instant contract is indicated in the certified copy of the register and the building register, and in the Gu building register, the term “6.28 square meters of a wooden splate roof 66.28 square meters,” 45.24 square meters of a wooden splate roof 45.24 square meters, and cement block splate 9.45 square meters of a cement roof 9.45 square meters,” unlike the entry in the public book of paragraph 1, the instant house is indicated as two-wheeled of “string and wooden splate 96.6 square meters of a smoke and wooden splate splate 96.6 square meters of a splate and a wooden splate and a wooden splate and a wooden 62.7 square meters of a warehouse and a change.