(영문) 전주지방법원 2019.12.13 2018나10428

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(영문) 전주지방법원 2019.12.13 2018나10428

보증금반환

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1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid is revoked.

Reasons

1. The reasoning of this part of the judgment of the court is the same as that of Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

2. Determination on the claim for damages against Defendant B and C related to the instant lease agreement

A. For the following reasons, Defendant B and C are jointly liable to pay the Plaintiff the expenses of KRW 18,487,220 (i.e., the total expenses of KRW 21,772,520 - the residual value of the Plaintiff 3,285,300), and damages for delay, that the Plaintiff believed to be legally able to operate the general restaurant at the instant store by concluding the instant lease agreement with the Plaintiff as compensation for damages.

1) The Plaintiff, which caused the Plaintiff’s claim against Defendant B, concluded the instant lease agreement for the purpose of running a resting restaurant or a general restaurant at the instant store, which is the object of the instant lease agreement, but the said agreement was revoked by mediating the instant lease agreement and arranging the instant lease agreement to compensate the Plaintiff jointly with Defendant B for damages, as the Plaintiff breached his duty to allow the Plaintiff to use and benefit from the leased object, as the Defendant B failed to perform his duty to allow the lessor to use and benefit from the leased object. The Defendant B was obligated to deliver a copy of the instant complaint, and Defendant B was liable to compensate the Plaintiff for damages due to the cancellation of the contract. (2) The Defendant C, which caused the claim against the Defendant C, did not properly confirm the fact that approximately 40 square meters of the instant store, among the instant stores, the area of which is 100 square meters or more, is an illegal building, and thus, the instant lease agreement was revoked by acting as a real estate agent.

B. The reasoning for this part of the judgment of the court of first instance is as follows.

The Civil Procedure Act is the same as the part of "the occurrence of liability for damages".

참조조문

-민사소송법

-민사소송법 제420조

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