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(영문) 서울중앙지방법원 2014.07.10 2012가합445
손해배상금
Text

1. The Defendant’s KRW 58,160,643 as well as the annual rate from March 31, 2012 to July 10, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. Mutual aid contract between the Defendant and B 1) The Defendant’s Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agent Act”).

A) Based on the legal entity established for the purpose of the mutual aid program, etc. of licensed real estate agents, B is a licensed real estate agent who operates the D Licensed Real Estate Agent Office in Gwanak-gu in Seoul Special Metropolitan City, and E is a brokerage assistant employed by B. (2) The Defendant entered into a mutual aid agreement with B with the parties to the transaction with the content that the Defendant would compensate for the damage within the limit of KRW 100,000,000 of the subscription amount to the parties to the transaction (hereinafter “instant mutual aid agreement”) in cases where B is liable for damages under the Licensed Real Estate Agent Act by causing property damage to the parties to the transaction by intention or negligence during the period from January 1, 200 to December 31, 209.

3) The main contents of the mutual aid agreement of this case are as follows. ① Where a mutual aid member is liable for damage to a broker under Article 30 of the Licensed Real Estate Agent Act, the person who suffers property damage shall be paid pursuant to paragraph (2) if the mutual aid member claims the mutual aid money. ② If a person who suffers property damage due to a brokerage accident pursuant to paragraph (1) claims the Association to pay the mutual aid money with the documents proving the amount of damage, the Association shall review the authenticity of the documents requested and shall pay the amount equivalent to the percentage of the mutual aid member’s fault within the limit of the amount of the mutual aid amount after deliberation by the Compensation Deliberation Committee. (9) Upon receiving the beneficiary’s claim for mutual aid money, F shall be paid within 60 days from the date of receipt of the notice. (b) If the beneficiary’s claim for mutual aid money was made by the beneficiary, F shall be paid within the limit of 10 days from the date of receipt of the notice.

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