1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

Defendant C is a person who runs the real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office” in Dong Young-si.

In the above “E Licensed Real Estate Agent Office”, on February 27, 2013, the Plaintiff drafted a lease agreement of KRW 100,000,000 with respect to G Apartment 101 Dong-dong 1901 (hereinafter “instant real estate”) owned by the F on February 27, 2013, under the brokerage of B, which is the Defendant’s brokerage assistant.

(hereinafter “instant lease agreement”). The said lease agreement was signed with the name and telephone number of the lessor, and the Defendant, the broker, was signed and sealed.

On January 30, 2013, the Plaintiff remitted KRW 1,00,000 to the account under the name of H, which is the husband of B, as the former lease contract amount. On March 15, 2013, the Plaintiff remitted KRW 99,00,000 to the account under the name of B designated as a lessee.

Around March 16, 2015, the Plaintiff paid KRW 5,000,000 as a deposit for lease under B’s brokerage, and added the contract term to the above lease agreement by March 14, 2017. Around that time, the Plaintiff remitted KRW 5,00,000 to the F’s account.

On the other hand, B was prosecuted for committing a crime, such as fraud, by deceiving KRW 5,00,00 as a deposit for the lease on a deposit basis with the Plaintiff and KRW 100,000 as a deposit for the lease on a deposit basis, and was sentenced to imprisonment with prison labor for two years at the appellate court (Chowon District Court 2017Dadan9655).

(No. 2017No3694). [Attachment District Court Decision 2017No. 2017No3694] / [based on recognition], entry of Gap 1 through 4, 7, 9 and Eul 1 through 4 (including the number of each branch number) and the purport of the whole pleadings, if a practicing licensed real estate agent liable to compensate for damages caused property damage to a party to a transaction by intention or negligence in the course of mediating (Article 30(1) of the Licensed Real Estate Agents Act), he/she is liable to compensate for such damage (Article 30(1) of the Licensed Real Estate Agents