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(영문) 대전지방법원 2019.07.10 2018나110972
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On May 27, 2017, the Plaintiff entered into a lease contract with Defendant B and Selection D (hereinafter “Defendant lessor”) and Sejong Special Self-Governing City E apartmentF (hereinafter “instant building”) with respect to the lease term from June 22, 2017 to December 21, 2019, with the lease deposit amount of KRW 2,000,000, intermediate payment of KRW 18,000,000, and the remainder of KRW 120,000,000 (hereinafter “instant lease contract”). Defendant C concluded a lease contract with the Plaintiff as intermediary for the said lease contract, and there is no dispute between the parties concerned as to the lease contract and KRW 2,00,00,000.

2. Summary of the plaintiff's assertion

A. There was a defect between approximately 70 cm of gold on the window outside of the lower bank (hereinafter “instant window”) in the instant building, which is the primary claim.

Accordingly, the Plaintiff requested the Defendant lessor to replace the above windows, and the Defendant lessor rejected this.

The Plaintiff’s rescission of the instant lease agreement by serving the Defendant lessor’s written complaint on the grounds of such non-performance.

Therefore, Defendant lessor is obligated to return KRW 2,00,000 to the Plaintiff as a result of the cancellation of the contract, and the Plaintiff is obligated to pay KRW 2,00,000,000, which is equivalent to the down payment as a compensation for damages.

B. During the process of the conclusion of the instant lease agreement, the Defendant lessor filed a preliminary claim with the Plaintiff not informed the Plaintiff of the fact that the instant windows were placed at the time of confirming the instant building. Defendant C did not explain to the Plaintiff that the said defects were found in the instant building, which is an object of brokerage.

As above, the Plaintiff’s lessor and Defendant C’s intention or negligence forfeited the down payment of KRW 2,00,000,000, and the cancellation fee of the resident cleaning service, KRW 100,000, the cancellation fee of the director’s animal center, and KRW 100,00,00, and the house that the Plaintiff had previously resided.

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