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(영문) 수원지방법원 2016.08.25 2016가단6220

손해배상

Text

1. The Plaintiff (Counterclaim Defendant) shall:

A. The Defendant (Counterclaim Plaintiff) shall be fully paid KRW 1,320,000 with respect thereto from May 13, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On August 21, 2014, the Plaintiff entered into an apartment sales contract (hereinafter “instant sales contract”) with D and E to purchase F apartment 205, 2203, and 330 million won (hereinafter “the instant apartment”) at the time of harmony with D and E (hereinafter “the instant apartment”).

Defendant B and its brokerage assistant(s) as Defendant C mediated the instant sales contract.

[Grounds for recognition] The facts that there was no dispute, the summary of the party’s assertion as to the claim of the principal lawsuit as stated in Gap’s evidence 2-1 and 2, and the plaintiff ① the transaction price of the apartment of this case at the time of the sales contract of this case was 315 million won.

The Defendants, by deceiving the Plaintiff, had the Plaintiff purchase the apartment of this case in KRW 30 million, thereby causing damages equivalent to KRW 15 million, which is the difference, and thus, are obliged to compensate for the said damages.

② Although there was any defect in the apartment of this case, the Defendants did not confirm and explain the defect in violation of the duty to confirm and explain the object of brokerage.

The Defendants are obligated to pay the sum of KRW 22,992,856 and KRW 1,100,000 for the replacement of the interior cost and KRW 21,892,856.

③ Before the instant sales contract, the Plaintiff leased 202, 2003, 2003, within the same apartment complex (hereinafter “instant leased apartment”) to the lessor for the lease deposit of KRW 170 million. Moreover, the Plaintiff expressed the lessor’s intent to refuse to renew the lease and requested the Defendants to mediate the sale of the 22-story apartment in the same complex.

The Plaintiff entered into the instant sales contract with the Defendants’ false horses, which read, “The Plaintiff may continue to reside in the leased apartment at half-yearly (160 million won as the lease deposit, monthly rent 400,000 won) from the leased apartment until the date of the payment of the remainder of the instant sales contract.”

However, as the lessor did not consent, the Plaintiff is a single-sized G apartment (hereinafter referred to as the “temporary apartment”).