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(영문) 서울남부지방법원 2019.06.27 2018나65383
손해배상(기)
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 21, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term of KRW 20,000,000, the lease deposit amount of KRW 20,000,000 from July 1, 2013 to June 30, 2014, and KRW 3,000,000,00 for the lease deposit. Around that time, the Defendant paid the Plaintiff KRW 20,00,000.

B. On November 24, 2014, the Defendant filed a lawsuit against the Plaintiff seeking the return of KRW 20,000,000 of the above lease deposit (Skcheon District Court 2014Daso6973).

C. On June 12, 2015, the above court rendered a judgment that the Plaintiff would pay KRW 20,000 to the Defendant on June 12, 2015 after serving a duplicate of the complaint, the date of pleading, etc. by public notice, and the Plaintiff filed an appeal for subsequent completion.

In the appellate court (Sacheon District Court 2016Na50898), the Plaintiff argued that “The Plaintiff did not pay KRW 36,00,000 during the term of the above lease agreement, and the Plaintiff paid the construction cost of KRW 43,559,290 to implement the above lease agreement, thereby causing considerable damages to the construction cost. Therefore, considering this, the Plaintiff did not have any lease deposit to be returned to the Defendant.”

E. On February 15, 2017, the instant appellate trial constituted conciliation to pay KRW 12,500,000 to the Defendant by August 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including virtual number), the purport of the whole pleadings

2. The plaintiff did not pay 36,00,000 won during the term of the above lease agreement as well as the plaintiff paid the construction cost of KRW 43,559,290 to implement the above lease agreement and incurred a loss equivalent to the construction cost. Thus, the defendant is liable to compensate for damages equivalent to the half of the above construction cost, at least 21,779,645 won.

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