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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning for the court’s explanation in this part is as stated in Article 420 of the Civil Procedure Act, since it is the same as stated in Article 420 (1) of the judgment of the first instance.
2. Determination
A. The following facts can be acknowledged in full view of each description and voice and voice of this court, the head of Dobong-gu of this court, and the purport of the entire pleadings by the Minister of Court Administration as to each fact-finding as to Gap's damages liability, or Gap's evidence Nos. 1, 2, 5, and 8 (including a serial number, and the defendant acknowledged the authenticity of Gap's evidence No. 5 at the first date of pleading. However, since there is no evidence to prove that the above recognition was contrary to the truth and due to mistake, the above cancellation is not effective).
1) Before the Plaintiff entered into the instant lease agreement, the instant officetel had already been established with the maximum debt amount of KRW 234 million and the right to collateral security with the HB as the lessor. (2) At the time of the Plaintiff’s purchase of the instant officetel, E, a lessor, the transaction value of the instant officetel was KRW 335,300,000,000. The Plaintiff’s lease deposit was KRW 110,000,000,000, the sum of the maximum debt amount of collateral security and the lease deposit was higher than the purchase value of the instant officetel.
3) If J, the father of the Plaintiff before entering into the instant lease agreement and the remainder, as the Plaintiff’s father, combines the maximum debt amount and the lease deposit to the instant officetel, the Defendant raised an issue against the Defendant regarding the excess of the price of the instant officetel. As to this, the Defendant said that Jtel did not have any loan to J, and that J would not have any big problem with the absence of any loan, and that the part arising during the contract period is responsible for the part arising therefrom. (iv) The Defendant need not check about the lessor’s financial ability, as the mother of E has several apartmentss and officetelss.