(영문) 서울중앙지방법원 2014.12.11 2014가단161897

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(영문) 서울중앙지방법원 2014.12.11 2014가단161897

임료

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1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. A basic fact that has no dispute;

A. On July 2003, the Plaintiff, along with the 17th National Assembly election, leased part of the 4th floor of the Seoul Special Metropolitan City D Building (hereinafter “instant office”) from C at KRW 50 million and KRW 3.5 million per month of rent.

B. The Plaintiff, while using the instant office as an election office, commenced activities to satisfy the requirements of the “H Party” I as well as E, F, and G.

C. At the time, the Defendant agreed to elect a single candidate via the Defendant, E, F, G, and police lines, who are the chairman of the J Party I district party, and then, at the time, six persons, including the Plaintiff, the Defendant, E, F, G, and K, who were members of the I district National Assembly, finally left the border line for the election of candidates for the 17th National Assembly member I district constituency.

As a result of the above competition, the defendant was elected as National Assembly candidate.

2. The plaintiff's assertion and judgment as to the plaintiff

A. The plaintiff's summary of the plaintiff's assertion, the defendant, and the participants of the above candidate competition agreed to settle the lease deposit and the rent of the office in this case. The defendant did not completely settle the lease deposit and the rent until July 30, 2004, which is the expiration date of the lease term of the office in this case, despite the election of the 17th National Assembly member, even though the person elected as a candidate at the candidate in the candidate competition was elected as a candidate in the office in this case. As a result, the plaintiff lost its lease deposit with the total amount of KRW 50 million due to the unpaid rent, etc.

Therefore, the defendant is obligated to pay to the plaintiff 50 million won the above lease deposit and the damages for delay at the rate of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment.

B. The Plaintiff and the Defendant asserted, even based on each of the evidence Nos. 1 and 6.

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