손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The Plaintiff asserted that, around April 2015, the Plaintiff paid KRW 30 million to the Defendant as premium in the first instance court, the Plaintiff claimed that the Plaintiff paid KRW 20 million to the Defendant a shop located on the second floor of the D Station D in Yangsan-si, Yangsan-si (hereinafter “instant shop”). However, the Plaintiff asserted that KRW 20 million is a sub-lease deposit.
The plaintiff seems not only to be the first instance court but also to be the cause of the claim for damages arising from illegal acts.
However, since the plaintiff's ground for claim is not clear, the plaintiff is also seeking the return of the sub-lease deposit and the premium, and it is judged accordingly;
The monthly rent of KRW 350,000 and the sub-lease period of KRW 2 years were set, and at that time, the defendant paid KRW 10,000 as premium to the defendant.
After the conclusion of the above sub-lease contract, the Plaintiff operated the store in this case.
On the other hand, the Busan Traffic Corporation filed a lawsuit against the defendant on the store in this case on October 22, 201, which was concluded on October 22, 2013.
In accordance with the mediation protocol, the Busan Traffic Corporation filed an application for compulsory execution on the delivery of the store in this case, and the Plaintiff suspended the business of the store in this case and delivered the store in this case to Busan Traffic Corporation.
At the time of concluding the sub-lease contract with the Plaintiff, the Defendant did not notify at all of the above fact that the conciliation was completed. The Defendant, in violation of the duty of disclosure, received the aggregate of KRW 30 million from the Plaintiff, constitutes a tort, and thus, the Defendant is obliged to pay the Plaintiff the above KRW 30 million at the expense of damage and delay damages.
2. Determination
A. The plaintiff's claim of this case was not notified that the defendant entered into a sub-lease contract with the Busan Urban Transportation Corporation.