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(영문) 의정부지방법원 2016.02.04 2015나12476
임차료 및 피해보상청구
Text

1. Of the judgment of the first instance court, the part against the defendant in the judgment against the Korea Labor Welfare Corporation and the defendant B shall be KRW 1,445,146 and the plaintiff.

Reasons

1. Facts of recognition;

A. On November 3, 2008, Defendant Korea Workers’ Compensation and Welfare Service, as part of a business start-up support project, leased KRW 60,000,00 of the lease deposit (hereinafter “instant lease”), which is owned by the Plaintiff, for the lease of KRW 108,00 and KRW 104 (hereinafter “instant building”) and entrusted Defendant B with the authority to use and profit from the lease deposit for the operation of childcare centers.

B. The lease of this case was renewed on November 3, 2010 and November 2, 2012, around the expiration of the lease term.

C. In relation to the instant lease agreement between the Plaintiff and the Defendants, “In the event the instant building was damaged due to Defendant B’s intentional or negligent act, Defendant B shall restore it without delay, and if it is not restored to the original state, Defendant B shall execute it by substitution at Defendant B’s expense (Article 8).” In relation to the liability for damages, the Plaintiff may be liable only to Defendant B for damages caused by Defendant B’s nonperformance of obligation (matters of special agreement).

Defendant B agreed between the Plaintiff and the Plaintiff to deliver the instant building to the Plaintiff on July 4, 2014, and was to have a director from the instant building to another building on the said date (the Plaintiff was scheduled to have a director to the instant building on the same day). However, due to the dispute over the expenses of director, Defendant B stored the instant building without delivering the key to the instant building on July 15, 2014, and deposited the said key with the Plaintiff as the depositee.

(Water No. 6). (e) of the District Court of Subu District in 2014.

The Plaintiff was fully paid the monthly rent from November 3, 2008 to July 15, 2014 when the instant lease agreement was concluded by the Defendants.

F. Defendant B paid KRW 662,350 to the long-term repair appropriations for the building during the period of using the instant building in accordance with the instant lease agreement.

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