손해배상금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 15,700,000 as well as to the plaintiff on June 3, 2017.
Basic Facts
On October 1, 2003, the defendant purchased B apartment 108 Dong 908 (hereinafter "the apartment of this case") from Busan-gun, Busan-gun, and completed the registration of ownership transfer on October 16, 2003.
On January 20, 2008, the Defendant leased the apartment of this case with C as the lease deposit amount of KRW 40 million, and the lease term of the apartment of this case from February 19, 2010 to 24 months, respectively. However, on February 20, 2008, the lease agreement (hereinafter “the lease agreement of this case”) was made with the content that the lease deposit amount of KRW 4 million was paid on the date of the contract and the remainder of KRW 36 million on February 20, 2008.
C submitted the instant lease agreement to the Plaintiff on February 20, 2008, and entered into a contract with the Plaintiff to obtain a loan of KRW 18,000,000 with the Workers’ House Lease Fund (hereinafter “instant loan”).
On February 20, 2008, the Plaintiff paid the instant loan by directly remitting KRW 18,00,000 to the Defendant’s account, a lessor under the instant lease agreement.
C was unable to repay the instant loan by the due date, and on June 2, 2017, the amount of arrears as of June 2, 2017 reaches KRW 27,513,179 in total, including the principal amount of KRW 15,70,00,00, interest of KRW 11,813,179.
[Reasons for Recognition] The plaintiff asserts that although the defendant did not actually lease the apartment of this case to C, Gap's 1 to 4, 6, and 7, the plaintiff acquired the loan of this case by fraudulent act, in collusion with C, even though the defendant did not intend to lease the apartment of this case to C, Gap's 1 to 4, 6, and 7, and the purport of the whole pleadings.
On the other hand, the defendant first decided to lease the apartment of this case to C, and then prepared the lease contract of this case. Since it is merely a cancellation of the contract prior to the expiration of the lease term due to the personal circumstances of C, the defendant asserts that it does not constitute tort.
Judgment
In common, several persons.