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(영문) 의정부지방법원 2016.09.02 2016나5499
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

1...

Reasons

1. The judgment of the court of first instance rejected the plaintiff's claim on the main claim and dismissed the defendant's counterclaim. Accordingly, the plaintiff only filed an appeal on the main claim, which is subject to the judgment of the court of first instance.

2. Basic facts

A. On September 15, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease KRW 5 million (hereinafter “instant lease agreement”) with respect to the second column of the second column of the housing unit C located in the Gu-si owned by the Defendant (hereinafter “instant housing”) (the contract amount of KRW 300,000 shall be paid on the date of the contract, the balance of KRW 4.7 million shall be paid on September 30, 2014), monthly rent of KRW 450,00,000, and the term of lease from September 30, 2014 to September 30, 2016 (hereinafter “instant lease agreement”).

B. On October 10, 2014, the Plaintiff brought a lawsuit against the Defendant stating that “The Defendant unilaterally terminated and reversed the instant lease agreement, and thus, the Plaintiff filed a claim against the Defendant for down payment of KRW 800,000, brokerage commission of KRW 200,000, and KRW 2,335,000, and the cost of repairing the instant house.” On June 222, 2015, the said court granted only KRW 205,000 to the Plaintiff for the repair cost of the instant house and rendered a judgment dismissing the remainder of the claim, which became final and conclusive at that time.

Protocol of Conciliation

1. The Defendant shall pay KRW 600,000 to the Plaintiff by November 18, 2015.

2. The plaintiff waives the remaining claims.

3. The Plaintiff does not bring any lawsuit against the Defendant in relation to the lease of the instant house under any pretext.

4. The costs of lawsuit and the costs of mediation shall be borne by each person;

C. Since July 23, 2015, the Plaintiff again committed an illegal act, such as leasing the instant housing, to a third party while the Defendant entered into the instant lease agreement, with the Government District Court 2015 Ghana15492, against the Defendant. Accordingly, the Plaintiff’s down payment and damages therefrom.

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