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(영문) 춘천지방법원원주지원 2017.08.29 2015가단2484
손해배상(기)
Text

1. Defendant B’s KRW 19,041,60, and the annual rate of KRW 5% from May 28, 2015 to August 29, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. On October 8, 2013, between Defendant B and Defendant B, the Plaintiff entered into a contract with Defendant B on the lease of D land, Gangwon-gun E land, Gangwon-gun E land, F land, G land, Gangwon-gun land, H land, and I land (hereinafter referred to as “instant land”) from Defendant B in the same manner as “instant D”).

B. Upon entering into the instant lease agreement, the Plaintiff and Defendant B stated “6.5 million won” in the contract, and entered the account in the name of Defendant C in the account to be paid rent.

C. On October 8, 2013, the Plaintiff paid the instant lease agreement to Defendant B by transferring KRW 5,500,000 to Defendant C’s account under the name of Defendant C.

[Grounds for recognition] The written evidence Nos. 1, 3, and 4, and the purport of the entire pleadings by the Plaintiff’s assertion as to the purport of the whole pleadings is for cultivating Dora, and the term of the instant lease is three years from January 1, 2014 to December 31, 2016.

The Plaintiff planted the instant land D among the subject matters of the instant lease agreement.

However, around March 27, 2015, the Defendants damaged the Plaintiff’s seat by planting bamboo on the instant land.

The Defendants are liable for compensating the Plaintiff for damages incurred thereby.

Therefore, the Defendants are jointly and severally liable to pay damages to the Plaintiff KRW 31,736,00 and damages for delay.

Defendant C1) Defendant C entered into the instant lease agreement, which is the owner of the instant land and the instant I land, among the leased objects under the instant lease agreement. (2) When entering into the instant lease agreement, Defendant C set the lease term as one year, and the rent was paid at the beginning of the period.

Nevertheless, from October 8, 2013 to October 7, 2014, the Plaintiff paid only KRW 5.5 million out of the rent of KRW 6.5 million to KRW 6.5 million, and the Plaintiff did not pay KRW 1 million to KRW 6.5 million ( KRW 6.5 million - 5 million).

Therefore, it is true.

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