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(영문) 수원지방법원 2015.11.20 2015나2734

손해배상(기)

Text

1. Of the judgment of the first instance court, KRW 7,749,590 against the Plaintiff and its related thereto, from July 5, 2014 to November 20, 2015.

Reasons

1. Facts of recognition;

A. On January 6, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the factory building located in the Sinsung City (hereinafter “instant factory”) (hereinafter “instant factory”).

The main contents of the instant lease agreement are as follows.

Lease deposit: Lease period of KRW 63 million (payment on January 7, 2012): Special agreement from January 7, 2012 to January 7, 2013; the lessee will restore the damaged part and the changed part to its original state.

- The value-added tax shall be separately imposed.

B. Although the instant lease agreement expired on January 7, 2013, the Plaintiff and the Defendant decided to extend the instant lease agreement for one year until January 7, 2014 upon the Defendant’s request that it be possible to use the instant factory more.

C. However, around the beginning of February 2013, the Defendant expressed his/her intent to leave the factory of this case, and transferred the factory to May 2013, and on May 10, 2013, issued the Plaintiff’s father and father D key to the factory.

However, around the factory of this case, steel bars, water tanks, wooden boxes, etc. were loaded, and garbage inside the factory was left unattended, and the cleaning of the septic tank was not done.

D Around October 2013, 2013, 200 won was convicted of a fine not exceeding 50,000 won, on the ground that he/she arbitrarily disposed of 2 copies of the iron rackers owned by the Defendant, which was kept in custody in front of the factory.

(Ground for recognition), Gap evidence 1, Gap evidence 2-2, 3, Gap evidence 9, 10, and 11 are written, the purport of the whole pleadings, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant asserted against the Plaintiff: ① 67,570,000 won in arrears from June 2, 2012 to June 30, 2013; ② the cost of restoring the factory of this case to its original state; ③ the Defendant’s factory before the termination of the lease agreement.