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(영문) 서울북부지방법원 2016.05.11 2015가단121758
손해배상등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 12, 2015, the Plaintiff entered into a lease agreement with Nonparty D (the Defendant’s representative; hereinafter “Defendant’s representative”), the owner’s agent, and with respect to the instant real estate from April 30, 2015 to April 29, 2017, with a lease deposit (hereinafter “lease agreement”) of KRW 200 million, and paid the down payment of KRW 20 million.

On the other hand, the lease contract of this case was jointly mediated by Real Estate Agent E (Defendant side) and F (Plaintiff side).

B. The remainder of the lease deposit of this case was agreed to receive KRW 180 million on April 30, 2015, and Article 4 of the Special Agreement explicitly stated that “D, the father of the Defendant, will proceed with the lease contract of this case on behalf of the Defendant, and deliver the Defendant’s local power of attorney to the Plaintiff by no later than the remainder date.” The terms of the lease contract of this case pertaining to the rescission of the contract and compensation for damages are as follows.

Article 6 (Cancellation of Contract) Before a lessee pays an intermediate payment (if there is no intermediate payment, the remainder) to a lessor, a lessor shall repay a double the down payment, and the lessee may waive the down payment and rescind this contract.

Article 7 (Non-performance of Obligations and Compensation for Damages) Where a lessor or lessee has defaulted on the terms and conditions of this contract, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

C. The defendant E, a broker of the side of the defendant, instructed the defendant's agent to have the power of attorney confirmed by the consular official as "on-site delegation" under the lease agreement of this case, but the defendant.

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