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(영문) 부산지방법원동부지원 2017.08.10 2015가단216279

손해배상(기)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 33 million and KRW 8 million among them, from July 31, 2015 to August 10, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of heading D No. 109 of the first floor in Busan Young-gu (hereinafter “instant real estate”), and the Defendants are the married couple.

B. On January 3, 2012, the Plaintiff: (a) leased the instant real estate to the Defendants by setting the deposit amount of KRW 50 million; (b) monthly rent of KRW 2.5 million; (c) lease period from January 3, 2012 to January 2, 2015; and (d) the lease agreement was written in Defendant B’s name.

(hereinafter “instant lease agreement”). C.

On February 24, 2012, the Plaintiff and Defendant B filed a lawsuit telephone for the instant case, including Busan District Court 2012 J. 65 building name map, and the Defendant B delivered the instant real estate to the Plaintiff on January 3, 2015. At the same time, the Plaintiff reached a settlement with the purport that the Plaintiff shall return the deposit amount of KRW 50 million to the Defendant B.

On November 3, 2014, which is one month prior to the termination of the instant lease agreement, the Plaintiff sent to the Defendants, on January 2, 2015, content-certified mail, stating that the term of lease expires on January 2, 2015, and that preparation related thereto will be completed.

E. On December 16, 2014, the Plaintiff concluded a lease agreement with Nonparty E and the instant real estate by setting the lease deposit amount of KRW 80 million, monthly rent of KRW 5 million, and the lease term from January 4, 2015 to January 3, 2017.

F. On December 17, 2014, the following day following the conclusion of a lease agreement with E, the Plaintiff notified the Defendants that a new lessee had entered into a lease agreement with E, and requested the Defendants to deliver the instant real estate upon the expiration of the lease term.

G. The Defendants sent content-certified mail to the Plaintiff that the term of lease was extended by January 2, 2016, only on December 19, 2014, when the Plaintiff was notified of a new lease agreement from the Plaintiff.

H. On December 30, 2014, the Plaintiff notified the Defendants of complying with the delivery date along with the copy of the lease agreement with E, and the Defendants.