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(영문) 인천지방법원 부천지원 2018.06.01 2016가합1426
손해배상(기)
Text

1. The Defendant’s KRW 17,171,890 for the Plaintiff and 5% per annum from November 19, 2016 to June 1, 2018.

Reasons

1. Basic facts

A. The Plaintiff, as the owner of the D Building Ndong (hereinafter “instant house”), which is a multi-family house located in Pyeongtaek-si C, delegated comprehensive authority, such as entering into a lease contract (monthly) and the receipt of rent, when entrusting E with the management of the instant building from February 2, 2008.

E has concluded a lease contract on behalf of the Plaintiff in the name of the Defendant, and received rent, etc. from the lessee by means of the account in the name of the Defendant, and then has deducted management expenses, repair expenses, etc. which he arbitrarily calculated as shown in the attached Table and remitted the remainder to the Plaintiff.

B. Even after having resided in the United States for a long time on November 2010, the Plaintiff had no special interest in the management of the instant building and the terms and conditions of the instant lease agreement, and requested E to submit a lease agreement around July 2015.

E consists of the instant 4 households in total, and the instant 4 households are indicated as N-1, N-3, N-4 (N-2, Dong 202) on the lease agreement.

“N1, N2, N3, N4” in the order below.

On the other hand, the following lease contract was granted.

N1-N2,00,000 KRW 5 million from June 25, 2013 to June 24, 2015. N2-G 5 million 4 million from April 13, 2013 to April 12, 2015. N3-H 4,50,000 KRW 5 million from May 15, 2016 to May 14, 2018. 5 million from May 14, 2018 to 5 million from April 26, 2014 to April 25, 2016.

Since then, the plaintiff became aware that the actual deposit and monthly rent, etc. are different from the lease contract issued by E as follows after obtaining a lease contract from the tenant directly.

E, unlike other households, with respect to the reason for forging a lease contract under the name of another person (F), who is not a de facto lessee (J) with respect to N1, due to the plaintiff's knowledge that he was living in the former place, it would not be known that he had taken it before J, thereby revising the F Contract in the name of F in the year of 2011 to 2013.

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