손해배상
The defendant shall pay 6,249,700 won to the plaintiff.
The plaintiff's remaining claims are dismissed.
90% of the costs of lawsuit.
1. Facts of recognition;
A. On November 24, 2016, the Plaintiff entered into a contract with the Defendant to lease part of the 1st and the 2nd floor among the 7th floor neighborhood living facilities (hereinafter “instant building”). On June 10, 2017, the Plaintiff entered into a contract with the Defendant to lease the remainder of the 2nd floor among the instant building.
(1) The Defendant paid only KRW 140,000,000 to the Plaintiff and received delivery of each of the above leased portions (hereinafter “instant leased real estate”).
B. Afterwards, the Plaintiff filed a lawsuit against the Defendant seeking delivery of the leased real estate in this case by asserting that each of the above lease agreements was terminated due to the Defendant’s delinquency in rent due to the arrears in rent. On May 4, 2018, the said court accepted the Plaintiff’s termination claim and rendered a judgment ordering the Defendant to deliver the leased real estate in this case, overdue rent, and pay unjust enrichment.
C. On November 15, 2018, on the premise that each of the above lease agreements has been terminated, the Defendant filed an appeal with the Suwon District Court 2018Na66715, and filed a counterclaim against the Plaintiff with the Suwon District Court 2018Na82373, and the said court rendered a judgment ordering the Defendant to pay the remainder of the lease deposit with the restriction on the overdue rent, etc. from the lease deposit on the premise that the above lease agreement was terminated, as shown in the lower judgment, to transfer the leased real estate of this case and to pay the remainder of the lease deposit in arrears. On the other hand, the Defendant ordered the Plaintiff to deliver the leased real estate of this case from the Defendant, and to pay the remainder of the lease deposit with the restriction on the overdue rent, etc. from the lease deposit.
The above judgment became final and conclusive around that time.
The plaintiff goes against the defendant around June 2019.