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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff requested G, a brokerage assistant of F, to mediate a monthly rental agreement with respect to C Apartment D (hereinafter “instant real estate”) at the Silung-si, Singu, Seoul, which is owned by the Plaintiff.
B. On July 1, 2012, G forged the Plaintiff’s name, and entered into a lease agreement with H to set the deposit amount of KRW 50 million with respect to the instant real estate, and granted the lease agreement on August 1, 2012, stating that the instant real estate was leased to I by setting the deposit amount of KRW 5 million and KRW 400,000 per month to the Plaintiff.
C. G was delegated by the Plaintiff to conclude a lease contract in a false manner and acquired KRW 50 million from H as a security deposit by forging and exercising a lease contract in the name of the Plaintiff. On January 11, 2018, G was sentenced to a six-month imprisonment, etc. on the grounds that he/she forged the monthly rent lease contract in I and exercised it to the Plaintiff.
(U.S. District Court 2017Kadan7846). D.
In a lawsuit claiming the delivery of the instant real estate and the return of unjust enrichment filed by the Plaintiff against H (U.S. District Court Branch Decision 2016Da60075), and the Plaintiff paid H KRW 34 million to H until December 20, 2016, and H received the said money and at the same time made a decision of recommending reconciliation (hereinafter referred to as “decision of recommending reconciliation of this case”). On December 29, 2016, the Plaintiff paid KRW 34 million to H with the delivery of the instant real estate from H.
E. The Defendant entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with E, a licensed real estate agent of the above brokerage office in which G was engaged, and where E intentionally or negligently inflicted damage on the transaction party due to its intention or negligence in performing real estate brokerage (hereinafter “instant mutual aid agreement”) to compensate for the damage up to KRW 100 million.
According to the mutual aid regulations of the defendant, the defendant shall claim the payment within 60 days from the date of receipt.