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1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant B, which constitutes the following amount of payment:
Reasons
1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the claim against the defendant B
A. The plaintiff's assertion (1) around December 2013, the defendant B, who is engaged in the brokerage business, actively recommended the plaintiff to purchase the instant officetel, and the plaintiff delivered KRW 45,000,000 to the defendant B while entrusting the business affairs related to the sale of the instant officetel. This is a delegation contract established under the Civil Act between the plaintiff and the defendant B, and the defendant B violated the duty to perform the brokerage business as a good manager under the delegation contract, and the plaintiff failed to acquire the ownership of the instant officetel 425, and therefore, the defendant B should compensate the plaintiff for the damages equivalent to KRW 45,00,000,000, equivalent to KRW 80,000, out of the total amount of damages incurred by the plaintiff due to the non-performance of delegated contract.
(2) In addition, the Plaintiff, despite the absence of qualification as a licensed real estate agent, acted as a legitimate licensed real estate agent or brokerage assistant, and acted as to the instant officetel 425, and the Plaintiff believed it and concluded the instant sales contract, thereby incurring damages equivalent to the sales price, and accordingly, Defendant B is liable to compensate for tort pursuant to Article 750 of the Civil Act.
B. Determination as to the primary cause of claim: (a) the occurrence of liability for damages caused by nonperformance of duty under a delegation contract (1) ; (b) the process of conclusion of the instant sales contract, the degree of involvement of the Defendant B; and (c) the Defendant B received KRW 2,00,000 as a brokerage commission from the development of Dandi City.