(영문) 대구지방법원 2015.10.21 2014나22671

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(영문) 대구지방법원 2015.10.21 2014나22671

손해배상(기)

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1. The judgment of the first instance court, including the Plaintiff’s claim added at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On May 1, 2010, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the terms that the lease deposit amount of KRW 50,000,000, monthly rent of KRW 4,800,000, and the term of lease from May 5, 2010 to August 4, 2012.

B. The Plaintiff received from the Defendant the sum of KRW 5 million on the day of the contract, and KRW 50 million on May 3, 2010, including KRW 45 million, as the lease deposit, and around that time, delivered the instant real estate to the Defendant.

C. On April 27, 2012, prior to the expiration of the instant lease agreement, the Plaintiff sent to the Defendant a certificate to the effect that “the instant lease agreement is terminated on August 4, 2012, and thus, the instant building is restored to its original state and is transferred to its original state,” and at that time the said certificate reaches the Defendant.

Nevertheless, the Defendant did not deliver the instant building. On August 14, 2012, the Plaintiff filed a lawsuit against the Defendant for the delivery of a building with the Seogu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (hereinafter “the Defendant” on July 24, 2013, after deducting the amount of KRW 43,751,693 from the Plaintiff’s deposit - KRW 50,000 from the lease deposit - from May 5, 2010 to May 4, 2013, the previous judgment of KRW 15,708,725 from the Defendant’s excessive payment charges and the amount of KRW 9,460,418,418, the previous judgment of KRW 300 to May 4, 201.”

E. The Plaintiff’s explanation as of July 29, 2013

8. 19. Delivery to the Defendant of the instant building.

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