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Reasons
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(영문) 창원지방법원 마산지원 2018.11.28 2017가단4105
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 25, 2013, the Plaintiff: (a) filed with the Defendant, who is engaged in the laundry factory business on March 25, 2013; and (b) filed with the Defendant a total of the equipment, such as a laundry machine, a laund, a laundry machine, an electric team boiler, etc. (hereinafter “instant building”); and (c) filed with the Defendant, who is engaged in the laundry factory business on March 25, 2013, the third floor of the instant building.

(C) A deposit is KRW 100 million, monthly rent is KRW 5 million (excluding value-added tax), and a lease period is determined from April 1, 2013 to March 31, 2015 (hereinafter “instant lease agreement”).

(2) The Plaintiff and the Defendant decided to terminate the instant lease agreement by withdrawing from the third floor of the instant building until November 2014, on the wind that the Plaintiff intended to build and operate a laundry factory on the second floor of the instant building.

Accordingly, the defendant moved from the third floor of the building of this case to another place on December 13, 2014, and runs the same kind of business until now.

B. 1) The Plaintiff filed a lawsuit against the Defendant for the payment of an amount of KRW 164,308,503 in total, including the rent, electricity fee, etc. in arrears with the Changwon District Court Decision 2016Na10105. On August 11, 2016, the said court rendered a judgment to the effect that, on the premise that the sum of the rent, electricity fee, etc. in arrears exceeds KRW 105,510,893, the remainder after deducting the deposit from the above amount of KRW 5,510,893, and its delay damages should be paid. 2) On the above judgment, the Plaintiff appealed from the Changwon District Court Decision 2016Na55848, and the Defendant appealed incidental thereto. On April 20, 2017, the said court deemed that the Defendant’s payment on behalf of the Plaintiff exceeds the amount of KRW 164,308,7537,717.375

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