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(영문) 춘천지방법원원주지원 2017.11.09 2016가단6025
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 26, 2013, Defendant B, as a licensed real estate agent, arranged a lease agreement between the Plaintiff and E (from October 7, 2013 to October 7, 2015, with respect to subparagraph 201 of the studio building D (hereinafter “instant building”) owned by the Plaintiff at Won-si (hereinafter “instant building”).

B. On July 17, 2014, Defendant C, as a licensed real estate agent, arranged a lease agreement (from August 20, 2014 to August 19, 2016) between the Plaintiff and F with respect to subparagraph 201 of the instant building.

C. The above lease contract between the Plaintiff and E and the above lease contract between the Plaintiff and F (hereinafter collectively referred to as “each of the instant lease contract”) were concluded by G as the Plaintiff’s agent.

Around November 2012, the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant B to pay mutual aid money within the limit of KRW 100 million, if Defendant B intentionally or negligently caused property damage to a transaction party while mediating real estate during the mutual aid period, by setting the mutual aid period from December 3, 2012 to December 2, 2013.

[Ground of recognition] Facts without dispute, Gap 1, 3-1, 3-2, and 4-1; the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1 did not confer upon G the right of representation to conclude each of the instant lease agreements.

Although Defendant B and C, as a licensed real estate agent, have an obligation to investigate and confirm the representative authority of the agent, they neglected such investigation and confirmation in mediating each of the instant lease agreements.

Due to such illegal acts of Defendant B and C, the Plaintiff suffered each loss equivalent to KRW 40 million in relation to the lease deposit and KRW 35 million in relation to the lease deposit with F in relation to the lease with E.

Therefore, the Plaintiff is liable for damages under Article 30(1) of the Licensed Real Estate Agent Act.

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