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(영문) 서울고등법원 2016.08.26 2015나27134

손해배상

Text

1. Of the judgment of the court of first instance, KRW 75,00,000 against the Plaintiff and its related thereto from June 14, 2014 to August 26, 2016.

Reasons

1. Facts of recognition;

A. On March 14, 2014, the Plaintiff’s wife F and the Defendant’s Defendant, representing the Plaintiff, concluded a lease agreement with the Plaintiff (hereinafter “instant apartment”) as a broker of Licensed Real Estate Agent D, Sungnam-si, Sungnam-si, Sungnam-si, 301, 3203 (hereinafter “instant apartment”).

2) As to the lease agreement under the following terms (hereinafter “the lease of this case”).

Article 1 (Evidence 2). (A) ① The Plaintiff and the Defendant agree with the time of lease deposit and payment as follows. KRW 750,000,000, deposit and KRW 75,000,000 shall be paid at the time of the contract and the intermediate payment shall be paid on April 16, 2014. Article 2 (Duration) The Defendant shall deliver the instant apartment to the Plaintiff by April 16, 2014 in a state in which the apartment can be used and used for the purpose of lease, and the term of lease shall be until April 15, 2016 (24 months). Article 6 (24 months) may be notified in writing to the Plaintiff and the other party may cancel the contract if the Plaintiff or the Defendant or the Defendant has failed to perform any of the terms and conditions of this contract.

In addition, the plaintiff and the defendant may respectively claim damages from the other party following the rescission of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

2. The defendant agrees to the loan of the deposit money to the plaintiff.

3. Although the maximum debt amount set forth in the certified copy of the register is set at KRW 924,00,000, the defendant shall cancel the full repayment at the time of the remainder.

2) On March 14, 2014, F on behalf of the Plaintiff, paid the Defendant a down payment of KRW 75,000,000 (Evidence A). B. After the Plaintiff entered into the instant lease agreement, the Plaintiff filed an application for a lease loan with the new bank (hereinafter “new bank”) for the instant lease deposit repayment claim, and the employees of the new bank (hereinafter “new bank”).