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(영문) 창원지방법원진주지원 2016.09.23 2015가단34716
손해배상(기)
Text

1. The Defendants jointly share KRW 102,200,000 with respect to the Plaintiff and 5% per annum from April 16, 2015 to September 7, 2015.

Reasons

1. Basic facts

A. On August 31, 201, the Plaintiff: (a) leased Defendant B with KRW 5,00,00 a monthly rent of KRW 300,000; and (b) from September 10, 201 to September 9, 2013, the lease deposit amount of KRW 5,000,000, the lease deposit amount of KRW 20,000 among multi-family houses of the first floor of the second floor of the D second floor in Jinju-si; and (c) leased the entire building to Defendant B from September 10, 2011 to September 9, 2013.

B. On September 201, Defendant B began to reside together with E who had livedd with the leased real estate of this case, and completed the move-in report on October 11, 201.

C. Defendant B, around October 2012, intended to liquidate the relationship with E and resided in Sacheon F by leaving the leased real estate of this case, and Defendant E thereafter liveded with Defendant C, who is a male-proof, on the instant real estate, but Defendant B paid monthly taxes until April 11, 2015.

Around 03:00 on April 16, 2015, Defendant C, who was investigated by the Jinju Police Station, did not return home, and was subject to urgent temporary measures, such as prohibition of access, etc. from E, was destroyed by setting fire as a whole of the instant building (total floor area of 137.52 square meters) owned by the Plaintiff, which was attached to the living room floor, by putting gasoline away on the inside room and living room of the leased real estate of this case, and attaching a rab with a rab, etc., on the ground that Defendant C abused E around 03:0.0.

E. Defendant C was charged with Jinwon District Court’s Jinwon Branch 2015Kahap91 and was sentenced to three years of imprisonment on January 7, 2016. Defendant C appealed appealed and appealed, but each of the appeals was dismissed, and the said judgment became final and conclusive.

F. At the time of April 16, 2015, the market price of the instant building was equivalent to KRW 102,200,000.

[Reasons for Recognition] Each entry of Gap evidence 1 to 12, Eul evidence 1 to 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. (1) As seen in the facts based on which Defendant B (A) is liable for nonperformance, Defendant B.

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