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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the court of the first instance’s explanation concerning this case is as follows, and thus, the reasoning of the court’s explanation is as stated in the reasoning of the first instance judgment, except for the following addition.
[Supplementary Parts]
A. (1) The Defendants asserted that there is no proximate causal relationship between Defendant A’s brokerage negligence and Plaintiff’s damage, on the ground that, if the Plaintiff knew of the legal relationship of the instant building, such as the right of lease taking precedence over the Plaintiff at the time of concluding the instant lease agreement, it is not recognized that the Plaintiff did not conclude the instant lease agreement.
(2) According to the facts established prior to the conclusion of the instant lease agreement, if the Plaintiff was aware of the legal relationship between the instant building, such as the right of lease taking precedence over the Plaintiff at the time of the conclusion of the instant lease agreement, the Plaintiff would have been able to prevent the occurrence of damages that could not recover KRW 50 million by taking measures such as not concluding the instant lease agreement or significantly reducing the amount of deposit for lease. Therefore, the causal relationship between Defendant A’s negligence and the Plaintiff’s damage is acknowledged.
Therefore, this part of the defendants' assertion is without merit.
B. (1) The Defendants asserted that the amount of damages should be excluded from the Plaintiff’s damages since they assumed that KRW 2,500,000, out of the Plaintiff’s claim amount of this case was borne by the occupant D, not the Plaintiff.
(2) In the judgment of the court below, there is no dispute between the parties that the tenant D bears KRW 2,500,000 of the lease deposit of this case among KRW 50,00,000. However, according to the evidence Nos. 1, 8, 9, and 10 of the lease deposit of this case, the lessor is subject to the termination of the contract term or the termination of the contract under Article 8(1) of the lease contract of this case (Evidence No. 1).