(영문) 서울중앙지방법원 2017.04.14 2016가단144261

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(영문) 서울중앙지방법원 2017.04.14 2016가단144261

손해배상(기)

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1. The Defendants jointly do so to the Plaintiff:

(a) KRW 13,900,000 and its interest shall be from March 17, 2017 to the day of complete payment.

Reasons

1. Indication of claim;

A. On June 14, 2006, the Plaintiff entered into a lease agreement with the Defendants on the lease deposit amount of KRW 5,000,000, monthly rent of KRW 300,000, and from June 24, 2006 to June 23, 2008, the Plaintiff delivered real estate listed in the attached list to the Defendants around that time. Around November, 2008, the Plaintiff renewed the lease deposit amount of KRW 7,50,00,000, monthly rent of KRW 300,000, and the existing lease agreement with the Defendants from June 1, 2008 to May 30, 2010.

B. However, the Defendants did not pay monthly rent after December 2008, and the Plaintiff expressed to the Defendants the intent to terminate the lease agreement on several occasions through the certification of content.

C. The Plaintiff sought against the Defendants the payment of KRW 11,120,620, such as the delivery of the instant building and unpaid monthly rent and expenses (for a certified judicial scrivener with regard to the provisional disposition against the prohibition of real estate disposal), as Seoul Central District Court Decision 2013Da13833, and received a favorable judgment on September 5, 2013 (hereinafter “existing judgment”), and thereafter the said judgment became final and conclusive around that time.

Since the Defendants did not deliver the instant building to the Plaintiff on April 2016, and the Plaintiff did not pay the money that the Defendants ordered payment in the previous judgment, the Defendants jointly pay to the Plaintiff the amount of unjust enrichment of 9.9 million won equivalent to the rent that occurred during the delivery execution that was not claimed in the previous judgment, the Defendants jointly pay the Plaintiff the amount of KRW 13.9 million totaling the restitution cost of the instant building, KRW 4.9 million totaling the amount of KRW 13.9 million, and KRW 2. The damages for delay omitted in the claim against the money ordered to be paid in the previous judgment.

2. Applicable provisions;

(a) Against Defendant B: Judgment made by deemed confession (Article 208(3)2 of the Civil Procedure Act);

B. Defendant C.

참조조문

-민사소송법 제208조 제3항 제2호

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