손해배상(기)
1. Based on the selective claim added at the trial, the Defendant shall pay to the Plaintiff KRW 1,416,00 and the Plaintiff shall pay to the Plaintiff KRW 4,00 on April 4, 2014.
1. The Defendant asserts that the instant appeal is unlawful, since the Plaintiff received KRW 23,850,00 from the Defendant after the pronouncement of the judgment of the first instance court, and agreed to terminate the instant dispute, as such, the instant appeal is unlawful.
However, it is not sufficient to recognize the fact that the plaintiff agreed not to file an appeal of this case only with the descriptions and images of the evidence Nos. 4 (including paper numbers, hereinafter the same shall apply), and there is no other evidence to acknowledge it.
Therefore, the defendant's above assertion is without merit.
2. In the first instance trial, the Plaintiff claimed damages of KRW 139,423,00,00 in total, including the amount of KRW 20,000 for lease deposit, the amount of KRW 3,851,00 for electric facilities, KRW 53,00 for the acquisition of facilities, KRW 50,00 for additional fishing, and KRW 26,572,00 for business losses, and KRW 36,00 for business losses.
However, the court of the first instance accepted the lease deposit and the claim for the cost of electric facilities, and dismissed all the other claims.
It is clear in the records that the plaintiff filed an appeal against the part against the plaintiff, and that part of the claim was changed from the trial to the claim for reimbursement of beneficial costs, the claim for purchase of ground, and the claim for consolation money.
Therefore, the part of the claim for the lease deposit and the cost of electric facilities cited in the first instance trial is excluded from the object of the judgment of this Court, and the above change of the plaintiff's claim is seen as an additional change. Therefore, it is reasonable to judge only the part of the claim for the acquisition cost of facilities, additional fishing expenses, and business damage, which are dismissed in the first instance trial, the claim for reimbursement of beneficial expenses which are selectively added in the first instance trial,
3. Basic facts
A. On March 5, 2013, the Plaintiff leased the lease deposit amount of KRW 20,00,000, annual rent of KRW 8,000,000, and the lease period of March 4, 2015, all of the instant real estate and buildings (hereinafter “instant real estate, etc.”) from the Defendant as permanent residence, by setting the lease deposit amount of KRW 1,904 square meters, and the land and buildings thereof (hereinafter “instant real estate, etc.”).
(hereinafter “instant lease agreement”). B.