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(영문) 서울중앙지방법원 2016.12.16 2016나57948

임대차보증금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On September 23, 2006, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 6,000,000, monthly rent of KRW 200,000 (payment on October 20, value added tax), and the lease period of KRW 12 months from October 20, 2006 (hereinafter “instant lease agreement”).

After that, the Plaintiff and the Defendant renewed the instant lease agreement.

B. The Defendant did not pay the rent after October 20, 2006, and left the leased portion of this case on April 9, 201.

C. Meanwhile, the Plaintiff filed a lawsuit against the Defendant seeking the payment of the overdue rent from March 1, 2010 to April 30, 201 under the instant lease agreement, and the Seoul Central District Court Decision 2013 Ghana5781699, and hereinafter referred to as the “former Claim”).

() On May 1, 2014, the above court rendered a judgment accepting all the Plaintiff’s claims. The Defendant appealed against the above judgment (Seoul Central District Court 2014Na26339), and the Plaintiff withdrawn the instant lawsuit on January 22, 2015. [Grounds for recognition] The facts that no dispute exists, Gap’sssssssssssssssssssssssssssssssssssssssssssssssssssssssssssss

2. The Plaintiff’s assertion that the Defendant did not pay the rent from March 1, 2010 to April 30, 201 under the instant lease agreement. As such, the Defendant is liable to pay the Plaintiff the rent equivalent to KRW 2,800,000 and the delay damages therefrom.

3. Judgment on the defendant's main defense

A. The defendant asserts that the lawsuit of this case is unlawful because it violates the principle of prohibition of re-instigation of lawsuit under Article 267 (2) of the Civil Procedure Act.

B. In light of the judgment, the Plaintiff filed a prior suit against the Defendant, and received a judgment citing both the Plaintiff’s claims in the first instance court, and the appeal is filed by the Defendant’s appeal.