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(영문) 인천지방법원 2016.05.13 2015나14464
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. On September 26, 2012, the Plaintiff, as the cause of the Plaintiff’s claim, leased the first-class E store in the Nam-gu Incheon Metropolitan City to D with the lease deposit of KRW 10 million and KRW 660,000 per month for rent (including value-added tax) (hereinafter “instant lease agreement”) (hereinafter “the lease agreement entered into between the Plaintiff and D”), and the Defendants are real estate brokers acting as intermediaries.

At the time of conclusion of the instant lease agreement, the Defendants raised the difference in KRW 880,00 (including value-added tax) to the Plaintiff within two months, and if so, the Defendants were to be liable for the difference.

Nevertheless, the Defendants did not raise the difference in the above two months. Thus, the Defendants jointly and severally pay to the Plaintiff the amount equivalent to the difference in the rent of KRW 5,250,00 [=(880,00 won - 660,000 won) x 24 months], and the sum of KRW 3,280,000,000 (=5,250,000 won).

2. The evidence submitted by the Plaintiff alone alone is insufficient to recognize that the Defendants raised the difference of KRW 880,000 to the Plaintiff within two months, and if so, it is insufficient to recognize that the Defendants agreed to assume the responsibility for the difference amount, and there is no other evidence to acknowledge it otherwise.

3. In conclusion, the plaintiff's claim of this case is dismissed in its entirety as it is without merit. The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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