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(영문) 대전지방법원 2015.10.29 2014나108377
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

The court of first instance rejected the Plaintiff’s claim for the amount of money equivalent to unpaid rents, electricity charges, gas charges, locking equipment replacement costs, cleaning costs, and distribution costs, and dismissed the Plaintiff’s claim for money equivalent to the amount of money equivalent to the real estate brokerage commission.

Therefore, since only the plaintiff appealed against the claim of the amount equivalent to the real estate brokerage commission, the remaining claims except the claim of the amount equivalent to the real estate brokerage commission were excluded from the scope of the trial.

On December 6, 2012, the Plaintiff: (a) around December 6, 2012, the Plaintiff: (b) determined C 303 of the Gwanak-gu Seoul Special Metropolitan City as the lease deposit of KRW 1,000,000; (c) monthly rent of KRW 460,000; and (d) from December 9, 2012 to December 8, 2013.

Since March 2013, the Defendant did not pay the rent, and on May 15, 2013, the Plaintiff expressed to the Defendant by content-certified mail that the lease contract is terminated due to the delayed rent, and the said declaration of intent reached the Defendant around that time.

The Plaintiff paid KRW 400,000 to a licensed real estate agent who arranged the above lease agreement.

[Grounds for recognition] According to the above facts, the defendant is obligated to pay to the plaintiff delay damages at the rate of 10% per annum with the plaintiff within the limit of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of a copy of the complaint of this case, which is the day of delivery of a copy of the complaint of this case filed by the plaintiff, to the day of complete payment, which is the day after November 13, 2014 to the day of complete payment.

3. If so, this part of the plaintiff's claim should be accepted for the reasons, and this part of the judgment of the court of first instance differs from this conclusion.

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