logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.11.30 2017나7876
임대차보증금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal fire extinguishing counterclaim.

Reasons

1. The reasoning of the court’s explanation concerning the instant case is as follows: (a) the reasoning of the judgment of the first instance is as stated in the part of the reasoning of the judgment; and (b) the same is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “each entry of No. 9” in No. 9 of the first instance court’s decision No. 4, which is added or written, shall be read as “each entry of No. 9, 11 and testimony of witness F of the trial.”

Part 4 of the decision of the first instance court, the "D" in Part 20 of the decision of the first instance is changed to F.

The following contents shall be added between the "point" and "place, etc." in Part 5 of the judgment of the first instance.

No. 5 of the judgment of the court of first instance, “F works as a broker assistant of the brokerage office operated by the Defendant E, the agent of the Defendant Party, stated that the Plaintiff deposited KRW 5 million in its account as a brokerage commission for the conclusion of the premium contract or the case fee, and that the said money was not paid as a repayment for the overdue rent,” thereby adding the following details to Chapter 12 and Chapter 13 of the judgment of the court of first instance.

“The Plaintiff, even if the above five million won is a brokerage commission, is null and void, and 3.4 million won exceeding 1.6 million won is more than 1.6 million won according to the maximum rate of brokerage commission, and is unjust enrichment on the part of the Defendant. The Plaintiff asserts to the effect that the above 3.4 million won is offset by the Defendant’s automatic bond within the equal amount of the Defendant’s claim. However, according to the testimony of the witness F of the Party F, the above 5 million won is not only the brokerage commission, but also the amount including a separate case fee. The Plaintiff’s defense based on the different premise is without good cause.”

3. Accordingly, the judgment of the court of first instance is justifiable, and all appeals against the plaintiff's principal lawsuit and counterclaim are dismissed as it is without merit. It is so decided as per Disposition.

arrow