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(영문) 대구지방법원 2017.06.01 2016나307284
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 28, 2013, the Plaintiff entered into a lease agreement with the Defendant on the condition that the lessee is KRW 10,000,000 for the Plaintiff’s deposit, KRW 80,000 for monthly rent, and KRW 2 years for the term of lease, with respect to the Seogu-gu Seoul Special Metropolitan City (hereinafter “instant land”).

(hereinafter “instant contract”). (b)

On September 20, 2013, the Plaintiff acquired one vinyl house installed on the ground of the instant land from the former lessee, and operated a fireworks house at a place from the time of concluding the instant contract.

C. On September 19, 2014, D and E purchased the instant land from the Defendant, etc. and completed the registration of ownership transfer on November 12, 2014, and succeeded to the lessor’s status under the instant contract. Since then, D and E terminated the instant contract on the ground of the Plaintiff’s delinquency in rent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 13, Eul evidence No. 1, the purport of the whole pleadings

2. Assertion and determination

A. If the Plaintiff’s assertion that the land of this case was sold more than 6,000,000 won per square day, the Defendant gave the Plaintiff KRW 45,00,000 as expenses for directors, including deposit and premium, etc., and the Plaintiff agreed to become a director.

Accordingly, the plaintiff introduced several real estate to the defendant, and the defendant sold the land of this case at least KRW 6,00,000 per square day.

Therefore, the defendant is liable to pay to the plaintiff 45,000,000 won and damages for delay.

B. 1) Determination 1) In light of the following: (a) the witness F’s testimony and evidence No. 6 (F’s statement in the F’s factual confirmation) as shown in the Plaintiff’s assertion, the Plaintiff and the Defendant agreed to such an agreement only with respect to the testimony or confirmation of the aforementioned F’s testimony or confirmation, in light of the following: (b) F merely stated that the Plaintiff and the Defendant entered in the directors’ expenses including lease deposit, etc.; and (c) the specific amount of KRW 45,000,000 was known from the Plaintiff.

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