1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows, and this court’s judgment citing the reasoning of the judgment of the court of first instance, except for the following determination as to the assertion added by the defendant in this court.

2. The addition;

A. The Defendant’s assertion of exemption under the terms and conditions of mutual aid constitutes a prohibited act under Article 33 subparag. 6 of the Licensed Real Estate Agent Act, which constitutes a direct transaction with the client, and thus constitutes damage not compensated pursuant to Article 7 subparag. 5 of the Terms and Conditions of Mutual Aid.

Therefore, C’s act of participating in the conclusion of the lease contract of this case has a appearance of brokerage act.

Even if so, the defendant is not liable to pay mutual aid money against the plaintiff's damage.

B. According to the evidence No. 3 B, Article 7 subparag. 5 of the Defendant’s Mutual Aid Agreement provides that “damages caused by the act of brokerage, etc. prescribed as prohibited acts by a broker pursuant to Article 33 of the Licensed Real Estate Agents Act” shall be non-compensationable damage. Article 33 subparag. 6 of the Licensed Real Estate Agents Act provides “act of direct transaction with a broker” as prohibited acts by a practicing licensed real estate agent. 2) The Defendant’s mutual aid business is a guarantee insurance system that guarantees the transaction party’s liability for damages due to the broker’s tort or nonperformance of obligation.

(See Supreme Court Decision 201Da77870 Decided February 23, 2012, etc.). Article 30 of the Licensed Real Estate Agent Act provides that “Where a practicing licensed real estate agent causes property damage to a transaction party by intention or negligence in performing brokerage, the practicing licensed real estate agent shall be liable to compensate for such damage. A practicing licensed real estate agent shall subscribe to a guarantee insurance or mutual aid under Article 42, as prescribed by Presidential Decree, to guarantee the above liability for damages before commencing his/her business.”