손해배상(기)
1. The judgment of the first instance court, including a claim partially changed in the trial, shall be modified as follows:
1. Basic facts
A. The plaintiff is the owner of the second floor D's house in Busan Northern-gu, and is residing in the first floor of the house in this case.
B. On March 5, 2011, the Plaintiff, as a broker of Defendant C, leased the second floor of the said housing (hereinafter “instant housing”) to Defendant B by setting the lease deposit amount of KRW 42 million, the lease deposit period from March 27, 2011 to March 26, 2013, and the same day lease contract (hereinafter “the lease contract from March 5, 201”) was made. (c) Nonparty B, a third village of Defendant B, entered the instant housing with Defendant B, etc. around May 22, 2011, and resided in the instant housing for about five (5) months thereafter, E drafted the lease contract from around July 201, the Plaintiff, the lessee, the lessee, the lease deposit amount of KRW 4,200,000, the lease contract from March 27, 2011 to March 31, 2013 (hereinafter “the lease contract from March 27, 2011”).
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 3, 6, 9, 11, 25, Eul evidence Nos. 3, 4 and 5 (including each number), the purport of the whole pleadings
2. Determination on the claim for damages against the Defendants
A. The gist of the Plaintiff’s assertion is only that the Plaintiff prepared a lease agreement from March 5, 201 with Defendant B, and there was no fact that the Plaintiff prepared a lease agreement from March 27, 201 with Party E.
E In March 27, 2011, the Plaintiff filed a lawsuit claiming the return of the false lease deposit against the Plaintiff by forging the lease contract from March 27, 2011, and the Plaintiff suffered mental and physical pain during the said lawsuit.
Since Defendant B and Defendant C, a lessee, committed an illegal act in the process of forging the above contract or in the lawsuit claiming the return of the above false lease deposit, Defendant C and the lessee are liable for mental suffering of the Plaintiff.
B. 1) Evidence as above, Gap evidence 2, 16, 19 through 23, Eul evidence 1, 2, 6 through 10 (each description, including each number, and witness E of the trial.