(영문) 서울고등법원 2014.11.25 2013나2020098

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(영문) 서울고등법원 2014.11.25 2013나2020098

손해배상(기)

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1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the money which orders the payment below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The corresponding part of the judgment of the first instance (from the 3th to the 5th 10th eth eth 7th eth eth eth eth eth eth eth

2. Claims by the parties regarding the principal lawsuit and counterclaim;

A. The plaintiffs' assertion seek reimbursement of KRW 228,121,077 remaining after being deducted from KRW 113,858,000 in the balance of the lease deposit out of the total amount of KRW 341,979,07 of the restitution cost, the payment of the substitute electricity fee, and the user fee of the substitute green belt as follows.

(1) Restoration costs: 279,179,827 cost for recovery and repair costs: 251,732,869 cost for recovery of trees withering to death: 27,446,958 cost for restoration to original state: 40,619,570 won for substitute electricity: 22,179,680 won. 22,179,680 won: 113,858,000 won for lease deposit (30,000,000 won for lease deposit - KRW 186,142,00 won for overdue rent and the amount of unjust enrichment equivalent to the rent by September 16, 201): calculated 228,121,077 won (No.44)

B. The Defendant’s assertion is to seek payment of KRW 471,06,00 for the purchase price of the instant facilities according to the refund of KRW 259,60,000 and the exercise of the right to purchase the attached facilities, which is calculated as follows.

① Balance of deposit for lease: 259,60,000 won (30,000,000 won for lease deposit - 40,400,000 won for delayed payment until November 30, 2010) (2) Calculation: 471,06,000 won for the purchase of the instant facilities. (3) Calculation: 730,666,000 won (=2)

3. Determination on the claim for refund of deposit for lease among the principal lawsuit and counterclaim

A. As to the principal lawsuit, the Plaintiffs asserted that the cost of restoring the instant building repair costs KRW 251,732,869 (a) among the cost of restoring the original state (i.e., KRW 251,732,869) ① Article 5 of the instant lease agreement stipulates that the lessee shall restore the leased property at the time of termination of the lease agreement and return it to the original state. The Defendant succeeded to the status of F’s lessee, and the Defendant agreed to reimburse or restore all leased facilities and trees, including B and C, which the F damaged, to the original state, so

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