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(영문) 서울서부지방법원 2015.10.16 2015가단206983
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, through the brokerage of the Plaintiff’s licensed real estate agent C (D Licensed Real Estate Agent Office) and the Defendant’s Licensed Real Estate Agent E (F Licensed Real Estate Agent Office), concluded a lease agreement with the Defendant on November 7, 2015 on the instant housing (hereinafter “instant lease agreement”) by setting the lease deposit as 250 million won, and 24 months from January 30, 2015 to January 29, 2017.

B. The instant lease agreement (Evidence 1) provides that “a contract amount of KRW 25 million shall be paid on the date of the contract, and the balance of KRW 225 million shall be paid on January 30, 2015.” Article 7 provides that “If a lessee or lessee fails to fulfill the terms of this contract, the other party may demand in writing the other party to the contract and rescind the contract. The other party may claim damages arising from the rescission of the contract against the other party, and the other party shall be deemed as the basis for compensation for damages, unless otherwise agreed upon.” The special agreement provides that “The loan is KRW 196 million as of February, and the loan is KRW 196,00,000,000 and KRW 96,000,000,0000,0000,0000 won as of January 30, 2015.”

C. The Plaintiff paid 25 million won to the Defendant on the day of the instant lease agreement.

On January 29, 2015, which is the day immediately before the payment date of the instant lease agreement, the Defendant sent to the Plaintiff the word “I inform the Plaintiff of the establishment of the right to lease on a deposit basis. I wish to know”, and the Plaintiff sent the word “I will know. I will know”

On the following day, the Plaintiff demanded the Defendant to serve as the F Licensed Real Estate Agent Office.

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