손해배상(기)
1. Of the part concerning Defendant (Counterclaim Plaintiff) B in the judgment of the court of first instance, the following amount is the amount ordered to be paid.
1. Basic facts
A. On May 20, 2018, the Plaintiff entered into a contract with Defendant B, a licensed real estate agent, to lease the second floor in Seodaemun-gu Seoul Metropolitan Government D ground D (hereinafter “instant building”) from June 10, 2018 to June 10, 2020, the deposit amount of KRW 20 million (the contract deposit of KRW 1 million shall be paid on June 10, 2018), and the rent of KRW 1.5 million per month (hereinafter “instant lease contract”). The Plaintiff paid the Defendant C the down payment of KRW 1 million.
B. Upon entering into the instant lease agreement, the Plaintiff agreed to pay KRW 1,530,000 to Defendant B as a brokerage commission.
C. On June 10, 2018, the remaining payment date, the Plaintiff demanded the provision of the accommodation business license and the business registration certificate under Defendant C’s name, and the Defendant C rejected the instant lease agreement with no obligation to provide the accommodation business license, etc. under the name of Defendant C.
When the plaintiff refused to pay the remainder on the grounds of non-provision of accommodation permit, etc., the defendant C cancelled the instant lease contract on the grounds of this, and confiscated one million won as down payment.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2 and the purport of the whole pleadings
2. Determination on the main claim
A. The summary of the claim 1 as to Defendant C, despite the duty to provide the Plaintiff with the accommodation permit and the business registration certificate under the lessor’s name pursuant to the instant lease agreement, Defendant C did not perform the said duty.
Even if the Plaintiff requested to provide accommodation registration certificate, etc. without any contractual obligation, Defendant C did not seek to resolve the conflict through consultation with the Plaintiff.
Inasmuch as the instant lease contract was cancelled due to Defendant C’s nonperformance, it is reasonable for Defendant C to pay the Plaintiff the contract deposit and penalty of KRW 2 million, and the construction cost incurred by the Plaintiff to operate the said house.