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(영문) 서울중앙지방법원 2018.09.20 2018나29305
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract for the loan of real estate lease fund (hereinafter “instant insurance contract”) with Aju Capital Co., Ltd. (hereinafter “Aju Capital”) from June 25, 2013 to February 25, 2014, with the insurance period from June 25, 2013 to February 25, 2014. The Plaintiff is an insurer who entered into an insurance contract for the loan of real estate lease fund (hereinafter “instant insurance contract”). The Defendants arranged for a real estate lease contract between C and D.

B. On November 21, 2011, a real estate lease agreement C entered into a lease agreement with D from February 16, 2012 to February 16, 2014, setting the lease deposit as KRW 40,000,000, and setting the lease deposit as KRW 201 to E in e-mail (hereinafter “instant lease agreement”). The special terms and conditions of the said agreement indicate that the lessor consents to the loan of deposit money and the establishment of a right to lease on a deposit basis, and the Defendants signed and sealed the said agreement as a broker.

However, by causing mistake as to the indication of the above building at the time of the above lease contract, the indication of the leased object stated in the instant lease contract as “No. 201 of the G building located in the F in the G building in the G in the Gesung City,” and in fact C had occupied the building No. 201 in the E in the G building in the ethic City in the ethic City, but also reported as F in the ethic City

The above F and the above E were all D-owned buildings.

C. C’s loan application, etc. 1) A loan of KRW 14 million from Aju Capital as of June 11, 2012 (hereinafter “instant loan”) with a period fixed as one year for lending (hereinafter “instant loan”).

At the same time, the right of pledge was established upon the consent of the lessor D with respect to the claim for the return of the lease deposit for the purpose of the security to the Ariju Capital.

On or around June 2012, Ariju Capital is to secure the occurrence of damages due to the defect in the rights to the lease of this case by C.

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