beta
(영문) 인천지방법원 2020.04.14 2019나64658

임대차보증금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Quotation of the first instance judgment

A. The Defendant’s grounds for appeal do not differ significantly from the allegations in the first instance court, except for adding the following arguments to this court, and even if the evidence presented in the first instance court was presented to this court, the fact-finding and judgment in the first instance court is justified.

B. As to this case, the reasoning of this court is that the "this court" in Part V of the judgment of the first instance is "the first instance court", the "Witness G and H" in Part 8 of the first instance court is "W of the first instance court", and the "the date of this judgment" in Part 3 of the 16 first instance is "the date of the judgment of the first instance court", and the "the date of this judgment" is added to "the date of the judgment of the first instance court" in Part 2 of the first instance court as to the assertion added by the defendant in this court. Thus, it is identical to the part of the reasoning of the judgment of the first instance court as stated in Article 420 of the Civil Procedure Act.

2. Additional determination

A. The defendant's assertion that even if the plaintiff's claim for the overdue rent and the claim for the return of unjust enrichment equivalent to the amount of the rent in arrears exists, since the plaintiff violated the additional special terms and conditions under the instant lease agreement and caused enormous damages to the defendant, the defendant's claim for damages arising out of the violation of the plaintiff's additional special terms and conditions are offset against the plaintiff's claim for the overdue rent and the claim for return of unjust enrichment equivalent to the amount of

B. However, even before the closing of argument in this Court, the Defendant is not only unable to specifically assert and prove the details of the damage claim and the amount of damage as alleged, as well as the Defendant’s legal representative, at the first day of pleading on March 24, 2020, to claim and prove the specific details of the damage claim regarding the said preliminary set-off and the amount of damage, etc., as alleged, notwithstanding the statement of this court, the present assertion is no longer related to the above assertion.