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(영문) 서울고등법원 2020.09.10 2019나2044034
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.

Defendant D, E, and J are joint.

Reasons

1. Basic facts

A. The reasoning for this part of the judgment of the court of first instance is as stated in the corresponding part of the judgment of the court of first instance, except for the following cases, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The part of the repair “Defendant F, G, H, and I” shall be incorporated into “Defendant F, G, H, and I (hereinafter “F, G, H, and I”) of the first instance co-defendant F, G, H, and I (hereinafter “F, H, and I”).

On the 8th page, the fifth to the last one shall be followed as follows:

[Ground for recognition] Unsatisfy, Gap evidence 1-1 to 15, Gap evidence 2, 3, 4, 8, 9, 15, 17, 21, Eul evidence 3 (Evidence B) (Evidence B) (Evidence 1) (Evidence 1) shall be included unless the number is specified; hereinafter the same shall apply

2) Each entry and the purport of the whole pleading

2. The assertion and judgment

A. The assertion that Defendant D, E, H, and I conspired with F, G, H, and I for the occurrence of liability for damages) F, H, H, and I, that the Plaintiffs committed a tort by deceiving the Plaintiffs as if L had a normal mental capacity, although Defendant D, E, and E knew of the state of L’s business capacity, they conspired with F, G, H, H, and I. However, it is insufficient to acknowledge the fact that Defendant D, E, G, H, and I conspired with F, H, H, and I for the mere reason of the evidence or assertion submitted by the Plaintiffs, and there is no other evidence to acknowledge this otherwise.

Therefore, this part of the plaintiffs' assertion is without merit.

B) The plaintiffs asserted that they breached their duty of care as real estate brokers (1) are negligent in violating their duty of care as real estate brokers, such as not sufficiently ascertaining L/C intent, etc. while mediating the conclusion of the instant sales contract. (2) Since the legal relationship between the real estate broker and the client is the same as the delegation relationship under the Civil Act, the broker is a good manager depending on the nature of the request for brokerage.

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