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(영문) 서울중앙지방법원 2019.06.28 2018나28227

손해배상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

A. On June 20, 2007, the Defendant purchased a parcel D No. 1 (hereinafter “instant apartment”) outside Dong-gu, Incheon (hereinafter “instant apartment”) and completed the registration of ownership transfer on July 4, 2007.

B. On June 25, 2007, the Defendant leased the apartment of this case with F’s brokerage, with the lease deposit of KRW 30,000,000, and the lease term of KRW 2 years from July 25, 2007, respectively. Of the lease deposit, KRW 3,000,000, the contract deposit of KRW 3,000,000, out of the lease deposit, was written on July 5, 2007; and the remainder of KRW 22,00,00,000, to be paid on July 25, 2007 (hereinafter “the lease contract of this case”).

C. On July 26, 2007, E submitted the instant lease agreement to the Plaintiff and entered into a contract with the Plaintiff to obtain a loan of KRW 20,000,000 with the ordinary housing loan (hereinafter “instant loan”). Accordingly, the Plaintiff paid the instant loan by directly remitting KRW 20,000 to the Defendant, a lessor under the instant lease agreement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 through 6, and establishment of damages liability for the purport of whole pleadings

A. The gist of the parties' assertion 1) The plaintiff asserts that although the defendant did not actually rent the apartment of this case to E, the plaintiff acquired the loan of this case by deceit in collusion with E to prepare a false lease contract of this case and submit it to the plaintiff. 2) As to this, the defendant first asserted that the apartment of this case was leased to E and the contract of this case was not constituted a tort since it was merely the cancellation of the contract because the present situation of the apartment of this case is different from the contract of this case on the date of moving in, E requested cancellation of the contract and it was merely the cancellation

B. In the case of joint tort under Article 760 of the Civil Code, one person who jointly inflicts damages on another person.

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