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(영문) 대전지방법원 2018.06.20 2017가단214975
손해배상(기)
Text

1. Defendant B and C jointly share KRW 36 million with the Plaintiff and their relation thereto from December 29, 2016 to October 13, 2017.

Reasons

1. Claim against Defendant B and C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against the Defendant Licensed Real Estate Agent Association (hereinafter “Defendant Association”).

A. The Plaintiff’s assertion that the Defendant Association is responsible for compensating the Plaintiff for damages incurred to the Plaintiff in the course of acting as a broker by Defendant C, a licensed real estate agent, in accordance with the mutual aid agreement concluded with Defendant C, a licensed real estate agent. Thus, the Defendant Association is jointly and severally liable with Defendant C and B to pay KRW 36 million and delay damages.

B. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 through 11, Defendant C as a licensed real estate agent and employed Defendant B as a broker assistant; Defendant B forged a contract while mediating a lease agreement between a lessor D and the Plaintiff and acquired KRW 36 million from the Plaintiff; Defendant C entered into a mutual aid agreement with the Defendant Association on November 29, 2016 with the period of deduction of KRW 100,000,000, and the period of deduction from November 29, 2016 to November 28, 2017, where a real estate broker intentionally or negligently causes property damage to a transaction party while acting as a real estate broker (hereinafter referred to as "mutual aid agreement of this case").

According to the above facts, the defendant association is obligated to pay 36,00,000 won within the limit of the deductible amount to the plaintiff who suffered loss due to intention or negligence in the course of real estate brokerage, unless there are special circumstances.

C. The Defendant Association’s determination on the defense of the extinction of the obligation to pay mutual aid money due to deposit is KRW 100,000,000, which is the amount of mutual aid subscription stated in the certificate of mutual aid for the Plaintiff’s damages caused by Defendant C’s brokerage negligence according to the terms and conditions incorporated in the instant mutual aid agreement.

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