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1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant C, which constitutes the following amount of payment:
Reasons
1. Basic facts
A. On April 16, 2018, the Plaintiff, as a broker of Defendant B, leased the officetel E (hereinafter “instant officetel”) located in Gangnam-gu Seoul from Defendant C from Defendant C as KRW 10,000,000, monthly rent, and KRW 900,000,000. The Plaintiff paid Defendant C the lease deposit amount of KRW 10,00,000.
B. The Plaintiff, immediately after moving into the instant officetel, was unable to reside in the officetel due to her hair or salute, and notified Defendant C of the termination of the lease agreement.
C. Meanwhile, on December 27, 2018, Defendant C sent to the Plaintiff a notice of termination of the lease agreement as of December 28, 2018 on the ground of the Plaintiff’s delinquency on two occasions in arrears, on December 27, 2018. After settling the lease deposit, the Plaintiff paid KRW 1,537,246 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 13, the purport of the whole pleadings
2. The assertion and judgment
A. Defendant B, the lessor of the instant officetel, was obligated to inform the Plaintiff that the lessee had difficulty in moving to the Plaintiff at the time of entering into the instant lease agreement, but did not properly notify the Plaintiff of the fact that the lessee had difficulty in moving to the Plaintiff. However, the Plaintiff was unable to normally reside in the instant officetel due to the symptoms that she became aware of the opening and height of the instant lease agreement upon gathering such fact.
Therefore, the Plaintiff terminated the instant lease agreement on the grounds as above. Defendant C is obligated to pay the unpaid lease deposit amount of KRW 8,462,754 (i.e., KRW 10,000,000 - KRW 1,537,246) and the amount of KRW 1,30,000 for damages, such as cleaning expenses, and Defendant B is obligated to pay KRW 50,000 for damages.
B. The Plaintiff’s claim against Defendant C is determined as to the refund of the first lease deposit.