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(영문) 대전지방법원 2015.01.13 2013가단26576

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,667,487 to the Plaintiff (Counterclaim Defendant) and its related amount from July 5, 2013 to January 13, 2015.

Reasons

1. Facts of recognition;

A. On September 7, 2011, the Plaintiff and the Defendant sought an order from the full bench to the Defendant as to whether the Plaintiff raised the amount of monthly rent of KRW 10 million from September 1, 201 to KRW 1.3 million from Special Self-Governing City Special Self-Governing City Special Self-Governing City Special Self-Governing City Special Self-Governing City (hereinafter “instant real estate”) and the monthly rent of KRW 1.3 million from September 1, 201 (Additional Tax, but the instant lease deposit was paid from the Defendant after concluding the lease contract (hereinafter “the instant lease deposit”) with the term of lease from October 15, 2011 to KRW 1.6 million from September 2012.

B. At the time of April 2013, the Defendant delayed payment of the rent for more than two months. Accordingly, on April 11, 2013, the Plaintiff sent to the Defendant a certificate of content containing the fact of delinquency in the monthly rent and the content that the termination of the instant lease was notified accordingly, and thereafter, the said certificate reaches the Defendant.

C. Around May 2013, the Defendant moved the place of business at the location of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, the purport of the whole pleadings

2. As to the principal claim

A. On April 2013, the Plaintiff’s assertion 1 terminated by the Plaintiff’s notification of termination of the lease due to the delay in rent for more than two months by the Defendant. Therefore, the Defendant, a lessee, returned the instant real estate upon the termination of the lease, and returned it to the original state at the time of the contract, but transferred the said factory building and its accessory facilities to another place.