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(영문) 서울고등법원 2016.07.22 2016나2005045
손해배상 등
Text

1. All appeals by the Defendants and the incidental appeals by the Plaintiffs are dismissed.

2. The costs of appeal and the incidental costs thereof shall be individually considered.

Reasons

1. Basic facts

A. Defendant D’s position 1) The name of “F Licensed Real Estate Agent Office” in the Asia-si, and E is a licensed real estate agent operating real estate brokerage business under the trade name of “G Licensed Real Estate Agent Office” in Seo-gu, Daejeon. (2) Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid agent established to guarantee the broker’s liability for damages.

B. As to Plaintiff A and B, Defendant D entered into a mutual aid agreement with the Defendant Association for the mutual aid period of KRW 100,00,000, and the period of mutual aid from November 28, 201 to November 27, 2011, and ② a mutual aid agreement for the mutual aid period of KRW 100,000,000, and the period of mutual aid from November 28, 2012 to November 27, 2013. The content of the said mutual aid agreement is to compensate the Plaintiff Association for damages caused property damage to the parties to the transaction by intention or negligence when the mutual aid holder, who is a real estate broker, is liable for damages. According to the mutual aid provision of the Defendant Association, the Defendant Association should pay the mutual aid amount within 60,00,000,000, and the period of mutual aid from KRW 20,000,000,000 and KRW 30,000,000,00,00.

Plaintiff

A shall move into the building on August 30, 201 after paying the deposit and make a move-in report on August 30, 201, and obtain a fixed date on the same day.

3 On February 5, 2013, Plaintiff B, through the brokerage of Defendant D, set forth 402, among the Asan-Family Houses owned by the J at the time between J and J on February 5, 2013.

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