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(영문) 대구고등법원 2020.04.24 2019나23948

손해배상(기)

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The reasons why the court of the first instance's explanation concerning this case shall be as follows: "from May 20, 2018 to September 30, 2018," "from June 11, 2018 to October 12, 2018" of the first instance judgment No. 5, and "lease deposit" of the third and 18 shall be deemed as "lease deposit" and "lease deposit" shall be deemed as "lease deposit" and "lease deposit" shall be deemed as "lease deposit" in the third and 13th and 18 shall be deemed as "lease deposit." However, since the first and the first judgment expressed "lease deposit" as "security deposit", it shall be deemed as "security deposit."

The argument that the defendant emphasizes in the trial as the grounds for appeal is added to the judgment of the court of first instance, and this is identical to the reasons for the judgment of the court of first instance.

The summary of the Defendant’s assertion on the waiver of the claim of this case as to the grounds for appeal of this case was proposed to the agreement that “If the Defendant renounces KRW 50,000,000 of the sublease deposit, the Plaintiff shall waive the claim of this case,” and the Defendant accepted it and left the real estate of this case on January 6, 2019, the Plaintiff and the Defendant agreed to waive the claim of this case on January 2, 2019.

Therefore, the principal lawsuit of this case must be dismissed as there is no benefit in protecting rights.

Judgment

The written evidence Nos. 9, 10, 11 is insufficient to acknowledge that the Plaintiff and the Defendant have reached an agreement to waive the claim of this case, and there is no other evidence to acknowledge it.

According to the above evidence and the whole purport of the pleading, Attorneys Lon January 2, 2019.