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(영문) 울산지방법원 2015.01.21 2013가합9334

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 1, 2011, the network E (hereinafter “the network”) concluded a lease agreement with the owner of the building in the amount of KRW 24 months from January 1, 2012 to January 1, 2014, lease deposit amounting to KRW 30,000,000, monthly rent of KRW 1,40,000 with respect to the building on land, other than the Busan-gun, Busan-gun, and two parcels of land (hereinafter “instant building”). The Plaintiff used the said building.

B. From January 1, 2012, the Plaintiff operated the inspection of “G” in the above building. From April 20, 2012 to April 20, the Plaintiff borrowed KRW 60,300,000 from the deceased on eight occasions in terms of expenses for house-to-house repair, house-to-house price, expenses for the creation of fire, cost of electronic equipment, cost of materials for the exhibition of works, etc. In short, the Deceased paid KRW 25,00,000 to the Plaintiff for the following expenses for broadcasting and photographing, cost of electronic equipment, etc.

C. On May 28, 2013, the Deceased filed a complaint against the Plaintiff on the charge of larceny to the effect that “the Plaintiff did not pay monthly rent of KRW 16,800,000,000 for one year, and the Deceased demanded the Plaintiff to leave the Plaintiff, and the Plaintiff was taking the house, and subsequently stolen with the house of KRW 1,200,00,00.” On May 28, 2013, the Busan District Public Prosecutor’s East District Office (the Busan Public Prosecutor’s Office) removed the Plaintiff from the said building, the Plaintiff was found to have the electric board, electric code, cooling, cooling, laundry, television, etc., which were in the said building, but the said goods were only the victim and was purchased by the Plaintiff.

The plaintiff filed an accusation against the deceased, but the prosecutor of the Busan District Prosecutors' Office ordered the deceased to suspend prosecution on October 29, 2013.

E. The Deceased died on October 1, 2013, and the Defendant B, D, and C inherited the Deceased’s wife.

[Ground of recognition] The fact that there is no dispute, Gap's evidence of 1 through 4 (if there is an additional number, including each number; hereinafter the same shall apply), Eul's evidence of 1 through 5, and all pleadings.