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(영문) 서울중앙지방법원 2018.07.06 2016가단5173004
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C shall pay KRW 120,000,000 as well as 15% per annum from August 2, 2016 to the date of full payment.

Reasons

I. As to the claim against Defendant C

1. As to the plaintiff's assertion as follows, the defendant C is deemed to have been led to confession.

Defendant C, around November 4, 2015, entered into a lease agreement with the Plaintiff at the time of concluding the lease agreement with the Plaintiff, most of the prior occupants entered into a monthly lease agreement with the Plaintiff, and subsequently, the Plaintiff did not need to be able to be able to know about the refund of the lease deposit and did not explain about the obligation to return the lease deposit to other lessees.

The Plaintiffs, on the grounds of fraud, revoke the lease agreement with Defendant C as the service of the instant complaint.

2. Therefore, Defendant C is obligated to pay to the Plaintiff the amount equivalent to KRW 120 million equivalent to the lease deposit due to tort damages or for revocation of the lease contract, and to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 2, 2016 to the date of delivery of a copy of the complaint of this case against the said Defendant.

II. As to the claims against Defendant B Association and D

1. Facts of recognition;

A. Plaintiff’s lease contract 1) On November 4, 2015, the Plaintiff concluded a lease contract with E (hereinafter “instant building”).

(F) As to F, the term of lease is set at two years from November 12, 2015, and KRW 120,000,000,000 for lease deposit, and Defendant C and a lease agreement with Defendant D (hereinafter “instant lease agreement”) as a broker of Defendant D, a licensed real estate agent.

(2) The Plaintiff entered into a contract. (2) On November 4, 2015, the date of the instant lease agreement, the Plaintiff received a move-in report and received a fixed date, but occupied the instant building F from November 12, 2015, the starting date of the lease term.

B. On March 31, 2015, regarding the instant building site of the instant building, the registration of creation of a mortgage, which is a collective security (right to collateral security) and a collective security (right to collateral security), was completed on March 31, 2015; and on the instant building, on November 2, 2015.

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