손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On July 8, 2016, the Plaintiff entered into a lease transfer agreement with the Defendants on the right to lease under H’s name, including the business rights, etc. of “G” under subparagraph 212 of Article 212 of the building F of Ansan-si, Ansan-si, the Plaintiff entered into a contract for the transfer of the right to lease (hereinafter “instant transfer agreement”).
B. The Plaintiff borrowed KRW 20 million from Defendant B as the transfer price to be paid to E under the instant transfer contract was insufficient.
C. On the same day after the Plaintiff entered into the instant transfer contract, the Plaintiff entered into a lease agreement with the building owner of the instant cartels. In order to secure the amount borrowed from Defendant B, the Plaintiff was the lessee under the said lease agreement, and both the said lease agreement and the instant transfer agreement were concluded on behalf of the Plaintiff.
On July 8, 2016, the Plaintiff paid KRW 67.5 million to E through Defendant B, and received a receipt from E (hereinafter “instant receipt”).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. The purport of the Plaintiff’s assertion is that the transfer price of the instant transfer contract is only KRW 47.5 million. The Defendants deceptioned the Plaintiff that the transfer price of the instant transfer contract is KRW 67.5 million, thereby deceiving the Plaintiff with KRW 20 million from the Plaintiff. As such, the Defendants should pay each Plaintiff KRW 20 million and damages for delay.
B. In full view of the following circumstances that can be recognized by the aforementioned determination, the evidence submitted by the Plaintiff is insufficient to recognize that the Defendants fraudulently acquired part of the transfer price under the instant transfer contract by deceiving the Plaintiff, and that is otherwise recognized.