손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.
2. The defendant shall make the plaintiff 25.
1. Facts of recognition;
A. The Plaintiff, through the brokerage of Licensed Real Estate Agent C (D Licensed Real Estate Agent Office) and E (F Licensed Real Estate Agent Office), concluded a lease agreement with the Defendant on the instant housing (hereinafter “instant lease agreement”) on November 7, 2015, by setting the lease deposit amount of KRW 250 million from January 30, 2015 to January 29, 2017.
B. The instant lease agreement (Evidence 1) provides that “a contract amount of KRW 25 million shall be paid on the date of the contract, and the balance of KRW 225 million shall be paid on January 30, 2015.” Article 7 provides that “If a lessee or lessee fails to fulfill the terms of this contract, the other party may demand in writing the other party to the contract and rescind the contract. The other party may claim damages arising from the rescission of the contract against the other party, and the other party shall be deemed as the basis for compensation for damages, unless otherwise agreed upon.” The special agreement provides that “The loan is KRW 196 million as of February, and the loan is KRW 196,00,000,000 and KRW 96,000,000,0000,0000,0000 won as of January 30, 2015.”
C. The Plaintiff paid 25 million won to the Defendant on the day of the instant lease agreement.
On January 29, 2015, which is the day immediately before the payment date of the instant lease agreement, the Defendant sent to the Plaintiff the word “I inform the Plaintiff of the establishment of the right to lease on a deposit basis. I wish to know”, and the Plaintiff sent the word “I will know. I will know”
On the following day, the plaintiff demanded the defendant to serve as the F Licensed Real Estate Agent Office, but the defendant does not comply with it.