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1. The Defendants jointly share KRW 32,00,000 with respect to the Plaintiff and the period from January 5, 2017 to November 29, 2017.
Reasons
1. On May 10, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B’s office as a broker assistant, setting the lease deposit amount of KRW 80,000,000,000,000 from May 30, 2013 to May 29, 2015, with respect to D and C E 203 (hereinafter “instant room room,” and with respect to the entire building as “instant building”).
At the time of the above contract, Defendant B issued to the Plaintiff a certificate of mutual aid as shown in the attached Form of the Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”).
On the other hand, around July 11, 2016, a compulsory auction was commenced with respect to the building of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The gist of the Plaintiff’s assertion C did not provide the Plaintiff with data on the relationship of rights with respect to the instant building, and did not prepare and deliver a description of confirmation of the object of brokerage, and explained the false relationship of rights.
Therefore, Defendant B is obligated to pay KRW 80,000,000 equivalent to the deposit for lease which the Plaintiff has not received due to damages caused by the breach of duty as a broker and damages caused by deception, and Defendant B is also obligated to pay the above KRW 80,000 as the insurer of mutual aid insurance purchased by Defendant B.
B. 1) The real estate broker and the client’s legal relationship are similar to the delegation relationship under the Civil Act. As such, the broker who received a brokerage request has a duty to investigate and confirm the relationship of rights, etc. of the object of brokerage and explain it to the broker. In the event of a breach of such duty of care, the broker is liable to compensate for damages arising therefrom (see, e.g., Supreme Court Decision 2007Da44156, Nov. 15, 2007). In addition, the broker is the lessee in mediating a lease contract for part of multi-family house.