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(영문) 서울중앙지방법원 2020.12.16 2020나31509

공제금 등 청구의 소

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the judgment of this court, which partially accepted the judgment of the court of first instance, is written as follows 2. The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the case where the conclusion is otherwise determined, thereby citing it as it is in accordance with

2. The part of the judgment of the court of first instance, which has been dismissed, shall be understood as "at a proper verification" after properly verifying the 10th of the judgment of the court of first instance.

The third-party judgment of the court of first instance (i.e., the first-party judgment taking into account either above or above) is as follows.

Considering these points, the degree of violation of the obligation to explain to the plaintiffs by the Intervenor joining the Defendant shall be taken into account that the amount of senior lease deposit that the Intervenor did not explain to the plaintiff B is more than KRW 100 million than the plaintiff A, and that the Intervenor joining the Defendant did not explain the increased amount of lease deposit that increased by directly mediating the plaintiff B.

Considering these factors, the amount of damages that the defendant is liable to compensate is limited to 40% for the plaintiff A and 50% for the plaintiff B.

3. If so, the defendant is liable to pay the plaintiff A damages of KRW 20,000,00 (=50,000 x 40%) 24,000,000,000 (=48,000,000 x 50%) to the plaintiff B, and the damages for delay calculated annually by 12% under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day after the copy of the complaint of this case was served on April 27, 2019. < Amended by Presidential Decree No. 21900, Jun. 26, 2019; Presidential Decree No. 21748, Dec. 16, 2020>

The plaintiffs' claims shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed.

Since the judgment of the court of first instance is unfair with some different conclusions, the defendant's appeal partially accepted, and the part against the defendant exceeding the above recognition amount in the judgment of the court of first instance is revoked, and such revocation is revoked.