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(영문) 대구지방법원 2017.09.13 2017가단103631
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 23,958,00 to the Plaintiff (Counterclaim Defendant) for KRW 23,958,00 and its amount from March 21, 2017 to September 13, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On March 15, 2006, the Defendant entered into a lease agreement with C and the first floor of the building listed in the separate sheet (hereinafter “instant store”) with respect to “the lease deposit amounting to KRW 30 million, KRW 2.5 million per month, KRW 15 million per month, and the term of lease from April 15, 2006 to April 15, 2013, and agreed to restore the facilities installed by the Defendant at the expiration of the term of lease to its original state.

C filed a lawsuit against the Defendant, whose term of lease expires, seeking delivery, etc. of the instant store as the Seogu District Court Branch Branch of the Daegu District Court 2013Kadan12246, and on June 10, 2013, the above court and the Defendant (hereinafter referred to as “instant conciliation”) constituted conciliation between C and the Defendant as follows:

1. The Plaintiff and the Defendant agree to lease all real estate 200.1 square meters on the attached list to the Defendant by setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 3,000,000 (Additional Tax separately), from April 10, 2013 to April 15, 2015.

2. The Defendant shall pay KRW 19,900,000 to the Plaintiff by July 15, 2013.

On May 19, 2014, the Plaintiff purchased a building listed in the attached list from C on May 19, 201 and completed the registration of ownership transfer on June 3, 2014.

From June 15, 2014, the Defendant did not pay the Plaintiff the rent. Accordingly, on August 18, 2014, the Plaintiff sent a content-certified mail to the effect that the lease contract will be terminated without paying the rent to the Defendant by August 22, 2014. The said mail reached the Defendant around that time.

The Plaintiff filed a lawsuit against the Defendant against the Daegu District Court No. 2014Kadan26754, and against the Defendant seeking payment of rent of KRW 3,300,000 per month calculated from June 15, 2014 to the completion date of the delivery of the said store and unjust enrichment equivalent to the rent of KRW 3,30,000 per month. The said court of first instance declared provisional execution by rendering a judgment citing the Plaintiff’s claim on August 11, 2015.

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