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(영문) 수원지방법원 2020.06.18 2019나80350
손해배상(기)
Text

Of the judgment of the court of first instance, the part against the Defendants exceeding the amount ordered to be paid shall be revoked.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence of 1 to 5, Eul evidence of 7 and 8 (including provisional number; hereinafter the same shall apply) without dispute between the parties or in full view of the purport of the whole pleadings:

On December 27, 2013, the Korea Land and Housing Corporation set the deposit deposit amount of KRW 89,080,000, monthly rent of KRW 450,640, and leased to D, as the rental obligation period of KRW 10,00,00.

B. On June 24, 2014, the broker of Defendant C’s “G Licensed Real Estate Agent Office” represented by Defendant C, the broker of Defendant C’s “G Licensed Real Estate Agent Office” was set as KRW 90,000,000, and the sublease period from July 10, 2014 to July 10, 2016. The Plaintiff and the Plaintiff agreed to receive KRW 9,000,000 from the date of the contract, the remainder of KRW 81,00,000,00 from the date of the contract, and received KRW 90,00,000 from the Plaintiff.

(hereinafter referred to as the “instant sublease contract”) which is concluded between the Plaintiff and D.

At the time of the instant sub-lease contract, Defendant B fully understood the circumstances that the instant apartment house cannot move into the said apartment as a publicly constructed apartment house at the time of the instant sub-lease contract, while explaining that the collection of the deposit is secured as the deposit for lease deposit, Defendant B received a promissory note from D to this end.

Accordingly, in the instant sub-lease contract made between the Plaintiff and D, the terms and conditions stated in the said sub-lease agreement that read “10-year public rental apartment,” “a lessee is unable to move into, and sufficiently understand and conclude a contract,” and “a lessee shall harm the certificate of the subscription to a promissory note.” On July 11, 2014, D prepared a promissory note of KRW 90,000,000 (hereinafter “instant notarial deed”) which is equivalent to the deposit for sub-lease to the Plaintiff.

E. The Plaintiff is the Plaintiff.

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