1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who runs the real estate brokerage business under the trade name of C Licensed Real Estate Agent Office (hereinafter “instant brokerage office”), and the Defendant was a former agent of the said brokerage office.

B. On October 27, 2014, D entered into a lease agreement (hereinafter “instant lease agreement”) between E and E as the broker of the instant brokerage office, with respect to the lease deposit amounting to KRW 70 million with respect to the multi-family house with the fourth floor F on the ground (hereinafter “instant building”) located in Seoan-gu, Seoan-gu, Seoan-gu, Incheon (hereinafter “instant building”) and the lease agreement between November 22, 2014 and November 22, 2016.

C. Of the description verifying the object of brokerage prepared and delivered to D in the instant brokerage office, the term “rights relationship column” refers to the building and its site of this case, respectively, and the right to collateral, which is the cause of the right to collateral security, and the maximum debt amount of KRW 611 million, as well as KRW 1,000,000,000, the right to collateral security, as well as KRW 48,000,000, is not indicated.

On December 2, 2015, upon the application of the HH association, which is the right to collateral security, the procedure of the auction of real estate was initiated regarding the instant building and its site, and D did not receive a dividend of the deposit for lease due to the existence of a majority of the lessees.

E. D brought a lawsuit against the Plaintiff seeking damages equivalent to KRW 70 million of the lease deposit.

On July 19, 2017, the court of first instance (Seoul District Court Decision 2016Da15576) rendered a judgment recognizing liability for damages of 42 million won (=70 million won x 60%) on the ground that the Plaintiff was negligent in finding the legal relationship of the building of this case or by notifying D of erroneous information about D without properly judging the risk of loss of lease deposit.

The plaintiff is the plaintiff.