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(영문) 수원지방법원 2018.12.13 2017나83201

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against Defendant D corresponding to the amount ordered to be paid below.

Reasons

1. Facts of recognition;

A. From around 2006, Defendant D operated the “J” company with husband as well as I, and concluded a lease contract, receipt of rent, cleaning service, and payment of public charges with the authority delegated by the owner of the multi-family house in Pyeongtaek-si, Pyeongtaek-si.

B. On May 10, 2013, the Plaintiff concluded a lease contract with Defendant D on a deposit basis of KRW 40 million for the lessor E, lessee, Plaintiff, and lease deposit, and agreed to receive KRW 400,000,000 on a monthly basis after subleting the said real estate from Defendant D to a third party.

(hereinafter “instant one contract”). C.

On May 22, 2013, the Plaintiff entered into a lease agreement with Defendant D on a deposit basis of KRW 20 million for the lessor G, lessee, Plaintiff, and lease deposit, and agreed to receive KRW 200,000,000 from Defendant D’s sub-lease the said real estate to a third party on a monthly basis.

(hereinafter referred to as “instant two contracts,” and collectively referred to as “each of the instant contracts,” D.

On the other hand, Defendant D was sentenced to imprisonment on November 2, 2017 with respect to the instant contract 2, 2017, which was the crime that "it was committed by deceiving the Plaintiff even though he did not have the intent or ability to conclude a charter contract even if he received the charter deposit from the Plaintiff even though he was not capable of concluding the charter contract, by deceiving the Plaintiff, by deceiving the Plaintiff,” and was sentenced to imprisonment with labor on November 2, 2017. The said judgment was dismissed and the appeal was withdrawn and finalized as is.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 4, 6, 7, 15, 16 (including branch numbers), and the purport of the whole pleadings

2. As to the primary claim against Defendant D

A. The above facts of recognition and the purport of the whole pleadings as to each of the above evidences.