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(영문) 의정부지방법원 2018.02.01 2017나201584

손해배상(기)

Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly do so to the Plaintiff and KRW 7,047,676.

Reasons

1. Basic facts

A. On September 20, 201, the Plaintiff leased (hereinafter “instant lease agreement”) the leased deposit amount of KRW 23,000,000, monthly rent of KRW 2,300,000, KRW 2,300,000, and the lease period of KRW 24 months, with the right side part of 694 square meters at the entrance, of the main floor of the Mancheon-si B and C small steel structure, sand position plate, one story, and one-story of the multi-story factory (the instant factory was a prefabricated-type building, but the Defendant installed a wall and leased part of it to the Plaintiff; hereinafter “instant warehouse”).

The date of the occurrence of the rent under the instant lease agreement was October 1, 201, and the rent was determined to be paid on the last day of each month. The value-added tax was separately determined, but the Plaintiff did not pay the value-added tax separately, and the Defendant A did not raise any objection.

B. The Plaintiff stored a finished product, pumps, etc. in the instant warehouse, and did not pay to Defendant A the rent for October 2013 regarding the instant warehouse and the rent from January 2014.

On June 5, 2014, the lease of this case was implicitly renewed after the expiration of the term, and on June 5, 2014, the Plaintiff sent to Defendant A a certificate-certified mail containing the content of claiming the return of the lease deposit under the instant lease agreement, and the said mail sent to Defendant A

C. Meanwhile, on June 1, 2004, B factory site B 3,774 square meters and C factory site 37 square meters were combined with B factory site B 3,811 square meters, and on December 31, 2012, B factory site 3,81 square meters were divided into B factory site 390 square meters and D factory site 3,421 square meters on December 31, 2012, the warehouse of this case was located on D factory site 3,421 square meters.

The Korea Highway Corporation (Yancheon Construction Project Association) shall, while implementing a public-private partnership project, conduct the procedures for acquiring D land and B with respect to D land and D land for factory on December 31, 2013, on the ground of the acquisition of consultation on public land on December 31, 2013. B land for factory is 390 square meters.