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(영문) 전주지방법원 2017.02.08 2015가단25954
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 5,801,800 to the Defendant (Counterclaim Plaintiff) and the amount from November 19, 2016 to February 8, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. C Association and the Plaintiff concluded a contract with D on December 1, 2013 through November 30, 2015 with the effect that C Association set the deposit amount of KRW 20 million, monthly rent of KRW 850,000,000, and the right to use and benefit therefrom was entrusted to the Plaintiff, among the five floors offices of 395.05 square meters of 395.05 square meters of road-based neighborhood living facilities and business facilities (hereinafter “F building”).

B. On October 9, 2013, the Plaintiff paid KRW 35,150,000 premium to G who operated the skin management shop at the instant store in accordance with the consignment contract for the above lease and the right to use, and acquired the establishment and the right to operate the said establishment and the right to operate the said shop from December 1, 2013 to the trade name “H” at the instant store.

C. On March 3, 2014, the Defendant received the ownership of the F building from D, and entered into a lease agreement with the Plaintiff to accept the said lease and the right to use the said lease and the right to use the said lease and the right to use the said property, but the rent is KRW 850,000 per month, management expenses, and the individual electricity and the water supply fees are separately paid, and the Plaintiff entered into a lease agreement to restore the said store to its original state upon the termination of the contract.

(hereinafter “instant lease agreement”). D.

From March 2015, the Plaintiff is unpaid the rent and management fee from March 2015, and the individual electricity and water supply fee are unpaid from January 2015.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 3-1 and 2-2 evidence, the purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. The Defendant asserted that the Plaintiff did not seek understanding from the lessee, such as the Plaintiff, etc., and the F building first floor glass construction from the end of July 2014 to the end of November 2014, 2014, the first floor corridor site construction, the first floor corridor site construction, the section for common use, the whole floor toilet repair construction, and the rooftop construction.

In particular, materials are required in the process of the first floor glass and the ceiling construction work.

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