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(영문) 서울북부지방법원 2015.11.03 2015나31405
손해배상(기)
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. On March 7, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 95 million from May 30, 2014 to May 29, 2016 (hereinafter “instant lease agreement”).

B. The Plaintiff paid all the deposit to the Defendant under the instant lease agreement, and resided in the instant housing from May 30, 2014, and thereafter promoted redevelopment projects in neighboring areas including the instant housing, the Plaintiff, at the Defendant’s request, went to a director in the instant housing around November 9, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion concluded the instant lease agreement and, at the Defendant’s request, the Plaintiff had no choice but to rent a house with a higher rental deposit, putting a director and a low rental deposit in the instant house, at the Defendant’s request. For this reason, the Plaintiff received a loan as much as the increased lease deposit, and paid considerable expenses, such as moving a new house into a new leased house. As above, the Defendant is liable to compensate for considerable damages, such as interest on the loan paid by the Plaintiff and the expenses incurred in worship.

In addition, since the Defendant insultd the Plaintiff on the ground that the Plaintiff left the instant house on the day of leaving the director, by threatening the Plaintiff to take a variety of crossings, threatening the Plaintiff to take scams, etc., the Defendant should compensate for the emotional distress suffered by the Plaintiff.

B. On November 9, 2014, the fact that the Plaintiff, at the Defendant’s request, posted the director from the instant housing around November 9, 2014 as seen earlier.

However, in full view of the respective descriptions of Nos. 1 through 5 and the purport of the entire pleadings, the Plaintiff.

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