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(영문) 서울고등법원 2019.05.22 2018나2047548
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The relationship between the parties (1) Defendant C is a licensed real estate agent, and the co-defendant B of the first instance trial (hereinafter “B”) is a person who, without qualification as a licensed real estate agent, leased a licensed real estate agent and a registration certificate of a brokerage office from Defendant C to engage in real estate brokerage.

(A) The Defendant E Association (hereinafter “Defendant Association”) entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with Defendant C, which covers “liability for damage incurred by a mutual-aid policyholder due to intentional or negligent conduct of real estate brokerage to a transaction party” (hereinafter “instant mutual aid agreement”). Defendant FF Co., Ltd. (hereinafter “Defendant F”) entered into an insurance contract with Defendant C with the content that “the insurance money shall be paid to the broker who suffered damage upon occurrence of a brokerage accident” (hereinafter “instant insurance contract”).

Details of the instant mutual aid contract and insurance contract are as follows:

(A) Evidence Nos. 2-1, 3, 4, 15, and the amount deductible and insurance amount covered by the contractor’s mutual aid and insurance period guarantee agency from February 15, 2013 to February 14, 2014, Defendant F 10 million won from August 6, 2013 to August 5, 2014, KRW 100 million from August 6, 2014 to August 10, 2015, KRW 100 million from August 6, 2014 to August 5, 2015, the Defendant Association No. 100 million from August 6, 2015 to August 5, 2016).

B, despite that only the authority to conclude a monthly rent contract on behalf of the Plaintiff with respect to the building listed in the separate sheet (hereinafter “instant building”) as indicated by the Plaintiff, a real estate lease brokerage B, on behalf of the Plaintiff, concluded the so-called obligatory lease contract with Nonparty G, H, I, J, K, and L (hereinafter “instant lessee”) on behalf of the Plaintiff and received the deposit.

B used the name and brokerage office registration certificate of Defendant C, a licensed real estate agent in the process of mediating the above lease agreement, and "the above lease agreement is below".

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