【Holding】
[1] Method of interpreting standardized contract terms
[2] In a case where the mutual aid terms and conditions of the Korea Association of Licensed Real Estate Agents contain a clause providing that "damage caused by real estate management agency services, such as rental management of commercial buildings and housing under Article 14(1)1 of the Licensed Real Estate Agents Act" is damage for which the Association does not provide compensation; A, the owner of an officetel, concluded officetel lease contracts with lessees through the brokerage of B, a practicing licensed real estate agent; thereafter B committed tortious acts against A, such as deceiving A as if some lessees had requested conversion of part of the lease deposit into monthly rent and thereby obtaining money from A under the pretext of returning the deposit following the conversion to monthly rent; A then sought from the Association payment of mutual aid money under the mutual aid in which B had enrolled; and the Association asserted that A's damage fell under damage excluded from compensation under the above clause, the Court held that, in light of the relevant statutes and the content and purport of the mutual aid system, etc., the above clause is a cautionary provision stating that damage caused by pure real estate management agency services that do not constitute "brokerage acts" under Article 30(1) of the Licensed Real Estate Agents Act is not subject to compensation, and that the above clause does not apply where real estate management agency services and brokerage acts were performed together and the mutual aid subscriber's liability for damages under Article 30(1) of the Licensed Real Estate Agents Act is established
【Summary of Decision】
[1] Standardized contract terms shall be interpreted fairly and reasonably in accordance with the principle of good faith, taking into account the purpose and purport of the relevant terms, but shall be interpreted objectively and uniformly based on the understanding of an average customer, without taking into account the purpose or intent of the individual contracting parties. Furthermore, in order to interpret a particular clause of standardized contract terms fairly and reasonably in consideration of its purpose and purport, not only the meaning of the wording of that clause but also the meaning that the clause has within the overall logical context must be considered, unless there are special circumstances.
[2] In a case where the mutual aid terms and conditions of the Korea Association of Licensed Real Estate Agents (hereinafter the "Association") contain a clause providing that "damage caused by real estate management agency services, such as rental management of commercial buildings and housing under Article 14(1)1 of the Licensed Real Estate Agents Act" is damage for which the Association does not provide compensation; A, the owner of an officetel, concluded officetel lease contracts with lessees through the brokerage of B, a practicing licensed real estate agent; thereafter B committed tortious acts against A, such as deceiving A as if some lessees had requested conversion of part of the lease deposit into monthly rent and thereby obtaining money from A under the pretext of returning the deposit following the conversion to monthly rent; A then sought from the Association payment of mutual aid money under the mutual aid in which B had enrolled; and the Association asserted that A's damage fell under damage excluded from compensation under the above clause, the Court held as follows: considering comprehensively that ① the Licensed Real Estate Agents Act compels practicing licensed real estate agents to take guarantee measures, such as enrolling in mutual aid, with respect to liability for damages under Article 30(1), and the mutual aid provided through the mutual aid business conducted by the Association is a system in the nature of guarantee insurance intended to secure such liability for damages; ② the Association's mutual aid terms and conditions also make clear that the mutual aid subscriber's liability for damages under Article 30(1) of the Licensed Real Estate Agents Act is subject to coverage; ③ "brokerage acts" under Article 30(1) of the Licensed Real Estate Agents Act include brokerage acts in cases where real estate management agency is performed together, and accordingly damage caused by management agency services constituting brokerage acts must be included within the compensation coverage under the mutual aid terms and conditions, so the above clause can only be interpreted objectively and uniformly as applying exclusively to pure real estate management agency services that do not constitute brokerage acts; ④ if, where real estate management agency services and brokerage acts are performed together, the practicing licensed real estate agent's liability for damages under Article 30(1) of the Licensed Real Estate Agents Act were interpreted as excluded from the scope of mutual aid coverage under the above clause even though such liability is established, this would result in a clear contradiction of the purpose and purport of the mutual aid provided through the mutual aid business conducted by the Association; and ⑤ if the above clause were intended to exclude from the scope of coverage even brokerage acts for which liability for damages under Article 30(1) of the Licensed Real Estate Agents Act is established, it would violate the provisions of the Licensed Real Estate Agents Act compelling guarantee measures for such liability for damages, and would run counter to the legitimate interests and reasonable expectations of mutual aid subscribers, etc., and would thus inevitably be regarded as void as a clause unfairly disadvantageous to customers, the above clause should be regarded as a cautionary provision stating that damage caused by pure real estate management agency services that do not constitute "brokerage acts" under Article 30(1) of the Licensed Real Estate Agents Act is not subject to compensation, and the above clause does not apply where real estate management agency services and brokerage acts were performed together and the mutual aid subscriber's liability for damages under Article 30(1) of the Licensed Real Estate Agents Act is established; nevertheless, the lower court, which held otherwise, erred in its misapprehension of legal principles.
【Referenced Statutes】
[1] Article 5(1) of the Act on the Regulation of Terms and Conditions [2] Articles 1, 2 subparag. 1, 14(1)1, 30(1), (3), and (5), 38(2)8, 42, and 51(3)5 of the Licensed Real Estate Agents Act; Articles 5(1) and 6(1) and (2)1 of the Act on the Regulation of Terms and Conditions
【Referenced Precedents】
[1] Supreme Court Decision 2018Da279217, October 14, 2021
(Source: Supreme Court Decision 2025Da217842, August 13, 2026 | Judicial Information Disclosure Portal, Supreme Court of Korea)
2026. 10. 26. · By Attorney Dongwoo Shin
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