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(영문) 수원지방법원 2018.01.31 2016가단28763
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 9,403,840 to the Defendant (Counterclaim Plaintiff) and its related amount from June 20, 2016 to January 31, 2018.

Reasons

1. Evidence 【Evidence 【A, A10, A13-1, 2, A14, A15, B 1, B 2, B 4, B 5, B 6, B 7, B 8, B 13, B 20-1, 20-2, and the purport of the whole pleadings;

A. Lease 1) B B B between the Plaintiff and the Defendant, in December 1941, 1941, on the land of 129 square meters in Suwon-si, Suwon-si, Suwon-si, Seoul, and a series of houses 60.76 square meters (hereinafter referred to as “instant buildings”).

(B) Although the building was newly built, the registration of initial ownership was not made. C, to E, donated each of the instant buildings to E, and F, to the Plaintiff. (2) G operated a hot spring house in the instant building until October 25, 2006, and constructed a kitchen with cement block and slate roof.

3) On September 2, 2006, the Plaintiff entered into a lease agreement with the Defendant to lease the instant building with the term of KRW 10 million per month, KRW 50,000 per month, and the term of lease from September 30, 2006 to October 30, 2007, under which the Plaintiff agreed to lease the instant building to the Defendant. The Defendant leased the instant building and operated a Chinese restaurant with the name of “H”. 4) on September 30, 201, the Plaintiff entered into a lease agreement with the Defendant for the term of KRW 20 million per month, KRW 70,000 per month, and the term of lease from September 30, 201 to September 29, 2011, and thus, the instant building was located in the redevelopment area, and thus, the lessee becomes final and conclusive even before the maturity, and the lessee agreed to preserve the terms and conditions of redevelopment even before the maturity.

5) The Defendant paid the Plaintiff additional lease deposit of KRW 10 million, and thereafter the lease has been renewed several times. (B) On August 23, 2013, the Defendant concluded an insurance contract with the Nonghyup Damage Insurance Co., Ltd., and the instant building and the household fixtures, with the name of her husband first, with the content that the insurance premium was KRW 50,000,000 for all of the instant building and household fixtures as well as the insurance period from August 23, 2013 to August 23, 2018.

On the other hand, the defendant is under the name of J on December 6, 2013.

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