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(영문) 전주지방법원 2015.08.25 2014가단16052
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.

Reasons

1. Basic facts

A. The counterclaim and the counterclaim Defendant agreed on January 27, 2010 to lease the instant house to the counterclaim by setting the lease deposit amount of KRW 50 million from January 27, 2010 and the lease term of KRW 50,000 from January 27, 2010 to January 26, 2012.

B. Meanwhile, the instant restaurant was registered in the name of the Lessee, and around November 13, 2010, with respect to some of the 1st floor of the instant building constructed without permission, the removal work was conducted for the remodelling work and the removal work for some of the facilities and stairs constructed without permission. The Lessee paid part of the construction cost.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 4, 9, 10 (including virtual numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of the counterclaim

A. The counterclaim asserts that the counterclaim Defendant is obliged to pay 9,00,000 won for reimbursement and damages for delay since the counterclaim Defendant bears the liability of 9,00,000 won for the total amount of the cost of the said remodeling and removal, which was made on the instant restaurant, and the counterclaim Defendant pays by subrogation the Plaintiff.

As seen earlier, the fact that each construction work was undertaken on the instant restaurant owned by the counterclaim Defendant, and part of the construction cost was paid by the counterclaim by the counterclaim. However, at the time, the counterclaim and the counterclaim Defendant were living in the instant building; the Plaintiff invested money in the instant restaurant; and the instant restaurant was registered in the name of the counterclaim.

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