(영문) 대전지방법원 2019.05.10 2018나103370

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Reasons

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(영문) 대전지방법원 2019.05.10 2018나103370

손해배상(기)

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The Plaintiff’s selective claims added to this Court.

Reasons

1. The reasoning of this part of the judgment of the court of first instance is with merit.

The fourth part of the judgment of the court of first instance is the same as the part of Paragraph 1 of Article 420 of the Civil Procedure Act, except for the following addition: (a) a lessor and a lessee shall, in principle, adjust the rental deposit and rent management expenses on a yearly basis; and (b) a lessee shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasons stated in this part of the claim for damages due to the same dissolution are as stated in Paragraph 2 of Article 420 of the Civil Procedure Act, except in the following cases:

The fourth 11th th th th 1st of the judgment of the first instance shall read “emergency measures and repair costs of KRW 3,33,500” to read “emergency measures and repair costs of KRW 1,375,600”, and every 6th 4th th th th th of the judgment of the first instance shall be deemed to read “smil” and every 6th th th th ar of the judgment of the first instance as follows:

A. Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 5,343,70 won (3,968,100 won) and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment, as the Plaintiff seeks from the trial. As such, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from October 3, 2018 to May 10, 2019, which is clear that the delivery date of the written application for modification of the purpose of the claim and the cause of the claim as of September 29, 2018.

3. Return of unjust enrichment relating to management expenses or claim for damages;

A. The Plaintiff asserted the first cause of the claim while claiming the return of unjust enrichment and damages due to nonperformance, but the second cause of the claim was selectively added in the trial. The Defendant, the first cause of the claim for return of unjust enrichment, was the previous one.

참조조문

-민법

-민사소송법 제420조

-소송촉진 등에 관한 특례법

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