(영문) 부산지방법원동부지원 2016.05.18 2016가단3333

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(영문) 부산지방법원동부지원 2016.05.18 2016가단3333

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 24, 2013, the Plaintiff’s mother, entered into a lease agreement with D as between May 24, 2013, between the Defendant’s mother and D to the end of May 23, 2015 with respect to the building located in Nam-gu, Busan (hereinafter “instant real estate”). As to the lease deposit amount of KRW 500,000,000,000,000,000,000,000,000,000,000

(hereinafter “instant lease agreement”). B.

On the other hand, the special terms of the instant lease agreement are as follows.

1. If a lessee fails to pay rent, it shall be disposed of by offsetting the amount of rent in arrears from the deposit;

2. If the amount in arrears continues to be insufficient to deal with a set-off from the security deposit, this contract shall be considered to have been terminated, and if the re-contract is not concluded within two months, any goods belonging to the leased portion shall be disposed of voluntarily.

3. If the lessee fails to pay two or more times the rent, the lessee shall terminate the contract pursuant to Article 4, and shall notify the communication of the intention 10 days prior to the termination of the contract in order to continue to maintain the contractual condition.

C. On September 23, 2013, D: (a) did not pay a rent to C after the conclusion of the instant lease agreement; and (b) sent a certificate of the content of urging C to remove the collection expenses on the instant real estate.

The Defendant was unable to contact with C, and around October 2013, it was difficult for the Defendant to collect fixtures, etc. on the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion (1) around 2013 asked C, his mother, who is the mother, to keep the Plaintiff’s collection fixtures, etc. until the Plaintiff was released from the military, and C entered into a lease agreement between the Defendant and the de facto manager of the instant real estate with the lease deposit amount of KRW 500,000,000,000,000,000, and 24 months, which is the Plaintiff’s collection fixtures.

유사 판례

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