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(영문) 서울중앙지방법원 2016.12.16 2015가단168031
손해배상 등
Text

1. Defendant C and Seoul Guarantee Insurance Co., Ltd. jointly share KRW 15,372,539 against the Plaintiff A and the Defendant.

Reasons

1. Basic facts

A. (1) On June 7, 201, Plaintiff A, a licensed real estate agent, leased No. 304 out of the instant building from Geumcheon-gu Seoul Metropolitan Government E (hereinafter “instant building”)’s co-owner F, and G, the lease deposit amount of KRW 5 million from June 10, 201 to June 9, 201, and thereafter, Plaintiff A paid the lease deposit and completed the move-in report and received a fixed date on July 11, 2013.

(2) On February 23, 2013, Plaintiff B leased 704 units of the instant building from F and G as the broker of Defendant D, a licensed real estate agent, from F and G during the period from February 24, 2013 to February 23, 2015, and thereafter, Plaintiff B paid the lease deposit and received the fixed date on the same day after completing the move-in report on March 6, 2013.

B. (1) On May 3, 2011, Defendant C, a licensed real estate agent operating the H Licensed Real Estate Agent’s Office, concluded a guarantee insurance contract with Defendant C, setting the insurance period of KRW 100,00,000 as well as the cover amount from May 3, 201 to May 2, 2012, with which Defendant C would act as a broker pursuant to the former Licensed Real Estate Agent’s Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter “Licensed Real Estate Agent Act”), with which the liability for damages is guaranteed when it causes property damage to a transaction party by intention or negligence.

(2) On August 23, 2012, Defendant D, a licensed real estate agent operating the I Licensed Real Estate Agent Office, determined the guaranteed amount to KRW 100,00,000 with the Defendant Company as well as the insurance period as from September 15, 2012 to September 14, 2013, thereby causing property damage to the parties to a transaction, either intentionally or by negligence, while acting as a broker under the Licensed Real Estate Agent Act.

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