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(영문) 서울중앙지방법원 2018.06.20 2017가단5151322
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 18, 2017, the Plaintiff entered into a contract for the lease of Defendant B, a licensed real estate agent affiliated with Defendant C Co., Ltd. (hereinafter “Defendant C”), with a deposit of KRW 500 million (contract deposit amounting to KRW 50 million), monthly renting KRW 20 million, and the lease period from April 28, 2017 to April 27, 2019 (hereinafter “instant lease agreement”).

B. The Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee”) is an insurance company that has concluded a guarantee insurance to compensate for damage to the broker client by intention or negligence with Defendant C in connection with the brokerage act of Defendant C.

C. On April 27, 2017, the Plaintiff received the instant hotel from a lessor D around April 2017. On May 19, 2017, D, “The room 51 and the other contents stated in the instant lease agreement should be completed. It is 42 guest rooms available for use and profit-making in the delivered hotel, and there are only 30 guest rooms immediately available for use and profit-making during the delivered hotel, and the remaining guest rooms can not be used and profit-making at all after the completion of partial repair work. Although Defendant D tried to verify whether it is possible to use and profit-making prior to the conclusion of the contract, Defendant D promised to verify 4-50,000 guest rooms that were clean due to the change of business owner and to make an investment of approximately KRW 70,000,000,000,000, and concluded a remodeling contract with the broker, and thus, Defendant D should notify the content of the instant contract of termination.”

On June 22, 2017, the Plaintiff and D terminated the instant lease agreement by agreement. Accordingly, the Plaintiff delivered the instant hotel to D on July 31, 2017.

[Grounds for Recognition] Unsurged Facts, Gap 1 through 7, and

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