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(영문) 서울서부지방법원 2019.11.14 2018나41614
손해배상(기)
Text

1. Of the judgment of the first instance, the claim of the Plaintiff (Counterclaim Defendant) that was changed in this court, including the claim of the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The reasoning for this part of the judgment of the court is as follows: “Defendant E and F shall receive KRW 100,000,000 for the deposit” following the fifth and seventh conduct of the judgment of the court of first instance; and the following part of the judgment of the court shall be added to the following following following the nine conduct of the same side; and the following part of the judgment of the court of first instance shall be the same as the corresponding part of the judgment of the court of first instance, except for addition of “A evidence” following the 10th conduct “No. 5.5.”

[Defendant D Association (hereinafter referred to as “Defendant Association”)]

) In order to guarantee the liability of practicing licensed real estate agent for damages pursuant to Article 42 of the Licensed Real Estate Agents Act, a mutual aid agreement with Defendant C, which provides that the Defendant Association shall guarantee within the limit of KRW 100,000,00 the property liability incurred to the transaction party in connection with the brokerage act (hereinafter referred to as “instant mutual aid agreement”).

(3) Article 19(9) of the Mutual Aid Regulations of the Defendant Association provides that the Defendant Association shall pay the mutual aid money within 60 days of receipt of the claim for the payment of the mutual aid money when the grounds for the payment of the mutual aid money arise.

2. The plaintiffs and the main defendants' assertion and the reasons for this decision are stated in this part. The reasons for the judgment of the court of first instance include "(Supreme Court Decision 95Da47343 Decided June 27, 1997, Supreme Court Decision 2005Da34612 Decided September 15, 2005, Supreme Court Decision 2010Da10291 Decided May 26, 201, Supreme Court Decision 2012Da40295 Decided June 12, 2014, etc.)" in the end of the 15th sentence of the 6th judgment, and the following part of the 8th judgment's first instance judgment's claim against the defendants is with the duty to compensate for the remaining part of the 1,00,000,000 won which has already been repaid," and the following part is added to "the defendant's claim against the defendants as to the 4th judgment of the court below."

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