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(영문) 서울남부지방법원 2017.01.17 2015가단202418

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

On June 7, 2010, the Plaintiff and the Defendant agreed to terminate the lease relationship on April 30, 201, on the ground of the instant claim: (a) the lease deposit amount of KRW 50,000,000 from June 7, 201 to June 30, 201; (b) the lease deposit of KRW 50,00,000, monthly rent of KRW 1,000, management fee of KRW 952,00 (value-added tax separate); (c) the Defendant, at the Defendant’s request, may gratuitously use the leased object from November 1, 2013 to January 31, 2014; and (d) the Defendant claimed that he/she would have the duty to restore the leased object to the Plaintiff without having to pay the money to the Plaintiff on April 14, 2014.

Comprehensively taking account of the overall purport of the pleadings in the statement in Gap 4, 6, 7, and evidence Nos. 5-3, the plaintiff agreed on June 7, 2010 to terminate the lease relationship with the defendant on June 7, 2010, with the lease deposit amount of KRW 50 million from July 1, 2010 to June 30, 201, with the lease deposit amount of KRW 50,000, monthly rent of KRW 1,000 (value-added tax separate), management fee of KRW 952,00 (value-added tax separate), management fee of KRW 952,00 (value-added tax separate), while the lease agreement was renewed each year, the defendant agreed to terminate the lease relationship with the above lease object on April 30, 2013, but the defendant can be found to have not delivered the above lease object.

The Plaintiff seeks payment of money stated in the claim as compensation in lieu of performing the duty to restore the leased object at the time of commencement of the lease, on the ground that the Defendant failed to perform the duty to restore the leased object at the time of commencement of the lease.

However, the plaintiff asserts.