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(영문) 춘천지방법원 2016.08.26 2015나3918

약정금

Text

1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

The primary features added at the trial.

Reasons

1. Facts of recognition;

A. On August 10, 2010, the Plaintiff entered into a contract with the Defendant for the lease of 10,000,000,000 deposit money, 1,300,000, and the lease period from August 10, 2010 to August 10, 2015 (hereinafter referred to as “instant lease contract”). At that time, the Plaintiff transferred the instant commercial building to the Defendant and operated Smarket as in the previous case.

B. Among them, the dispute arose between the Plaintiff and the Defendant due to overdue rent, etc., and on January 15, 2012, the instant lease contract was terminated by transferring the instant commercial building and the instant market business to the Defendant.

C. Since then, the Plaintiff filed a claim against the Defendant for beneficial expenses, necessary expenses, and damages, and on the ground that the Defendant agreed to offset the Plaintiff’s lease deposit return amount of KRW 10,00,000, KRW 20,000, KRW 5,000, KRW 5,000, KRW 5,000, KRW 5,000, KRW 5,000, KRW 5,000, KRW 5,000, KRW 5,000, KRW 5,000, KRW 5,000, and KRW 5,000,000, KRW 5,000, KRW 5,000, KRW 5,00,00, KRW 5,00,00, and the amount of inventory goods return (Counterclaim) with the Defendant on January 15, 2012, the lower court accepted the Plaintiff’s claim for offset of the Plaintiff’s industrial products, and rendered a final judgment of KRW 2136,216,2016.36

(hereinafter referred to as “previous lawsuit”). 【Ground of recognition】 There is no dispute, entry in Gap’s No. 1 and 8, and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. Under the premise that a set-off agreement, which was accepted in the previous lawsuit, around the plaintiff's primary claim, is valid, the defendant.