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(영문) 창원지방법원 2016.04.12 2015나6863
사용료
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. After remanding, the Plaintiff sought payment of the amount calculated at the first instance court to KRW 95,00,000 and the rate of KRW 20% per annum from the day following the day of delivery of a copy of the complaint of this case to the day of full payment.

The first instance court dismissed the Plaintiff’s claim and rejected the Plaintiff’s remaining appeal. The court of the first instance rejected the Plaintiff’s claim, 63,475,000 won, and 5% per annum from August 14, 2010 to February 11, 2014, and 20% per annum from the next day to the date of full payment (hereinafter “the part against the Defendant in the first instance court prior to the return”), and dismissed the Plaintiff’s remaining appeal.

Therefore, since only the part against the defendant was appealed, and the Supreme Court reversed and remanded only the part against the defendant prior to remand, the court of first instance shall judge only the part against the defendant prior to remand.

(The part against the Plaintiff in the previous trial prior to the transfer was already separated and finalized). 2. Basic facts

A. On June 5, 2004, C and D leased approximately KRW 170,00 (hereinafter “instant store”) on the first floor of the F building in Jinju-si from D (hereinafter “instant lease”), KRW 50,000,000 for the lease deposit, KRW 20,000 for the rent, and the lease period from June 5, 2004 to June 4, 2009 (hereinafter “instant lease contract”). Of KRW 50,00,000 for the said lease deposit, C borrowed KRW 30,000,000 fromO, and the remaining KRW 200,000 from the Plaintiff respectively.

In order to secure each of the above loan claims, on September 2, 2004, theO registered lease on a deposit basis with a deposit money of KRW 300 million for the central 100 square meters among the stores of this case, and the Plaintiff received registration of establishment of lease on a deposit basis with a deposit money of KRW 200 million for the 70 square meters north of the store on the same day.

B. The sub-lease C between C and the original Defendant is, while operating H in the central part of the instant store, approximately 30 square meters of the front part of the instant store’s 50 million won as the sub-lease deposit and the tea.

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