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1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.
Reasons
1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment of the court of first instance is reasonable, except for the following advanced portions, and thus, citing the reasoning of this judgment pursuant to the main sentence of Article
▣ 제1심판결 제3쪽 아래에서 11행 ‘770,875,000원’은 ‘770,875,500원’으로 수정 ▣ 제1심판결 제11쪽 3행 ‘154,160,000원과 연체이자’를 ‘191,357,110원(= 추가부담금 원금 154,160,000원 연체이자 37,197,110원)’으로 수정 ▣ 제1심판결 11쪽 ‘나’항(피고 협회에 대한 청구 부분)을 아래와 같이 바꿈 나.
According to the facts seen earlier, the Defendant Association is a mutual aid business entity that has entered into a mutual aid agreement of this case with the Defendant’s broker.
However, in the case of this case, two licensed real estate agents jointly agree, and the defendant Association compensates for losses caused by the intention or negligence of the licensed real estate agent, and as seen earlier, the defendant Association's negligence is recognized to all of the defendant brokers. As such, the defendant Association should pay the mutual aid amount up to KRW 200,000,000, which is the sum of the amount of the mutual aid amount under each of the respective mutual aid agreements of this case.
Therefore, the defendant association is jointly and severally liable to pay the plaintiffs the amount of 114,814,266 won and delay damages under the former Licensed Real Estate Agent Act.
However, barring any unavoidable circumstance, the Defendant Association is liable for delay after examining the authenticity of the documents claimed within 60 days from the filing of a claim for the payment of the mutual aid money and completing deliberation by the Review Deliberation Committee. Thus, the Defendant Association is liable to pay the mutual aid money only after the lapse of 60 days from the filing of the lawsuit.