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(영문) 수원지방법원안양지원 2016.07.07 2015가합104256
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 132,463,745 and KRW 102,304,215, respectively, from February 17, 2015 to 30.

Reasons

1. Basic facts

A. On January 9, 2013, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendants: (a) lease agreement between the Defendants (hereinafter “the instant cartel”) and KRW 1 billion; (b) monthly rent of KRW 3.3 million; and (c) lease period from January 30, 2013 to January 29, 2015; and (d) “the lessee shall manage all the facilities in its present state; and (c) the lessee shall restore them to its original state at the time of damage and damage; and (d) the lessee shall compensate the lessor at his own expense; and (e) shall not be held responsible to the lessor. Upon the cancellation of the lease agreement, the lessee entered into a lease agreement (hereinafter “instant lease agreement”); and (e) the lessee transferred the instant cartel on January 30, 2013 to the Defendants.

B. On October 27, 2014, the Plaintiff filed a lawsuit against the Defendants for the termination of the instant lease agreement and the instant case for delivery of the Mouries as the High Government District Court 2014Gahap5918, and the Defendants’ termination of the instant lease agreement due to the Defendants’ delinquency in rent, the Plaintiff filed a lawsuit against the Defendants, namely, “the Defendant shall pay the Plaintiff the remainder of the amount calculated by deducting the amount calculated at the rate of KRW 33,000,000 per annum from the Plaintiff’s deposit KRW 1,000,000 to the completion of delivery of the instant Mour, from January 29, 2013 until the delivery of the instant Mour.” (hereinafter “the instant prior lawsuit”).

Since then, on February 3, 2015, the Plaintiff changed the initial date for the payment of rent from January 29, 2013 to January 30, 2013, and it is unclear whether the Plaintiff’s obligation to return the lease deposit to the Defendants is indivisible or indivisible. The Plaintiff paid on behalf of the Defendants the sum of the PC and water purifier sirens KRW 28,56,860.

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