(영문) 서울남부지방법원 2020.09.24 2020나50247

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Reasons

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자간(%)

(영문) 서울남부지방법원 2020.09.24 2020나50247

추심금

Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

The reasoning of the judgment of the court of first instance is as follows, with the exception of the following "the second instance judgment", and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. The second instance judgment of the court of first instance 4, and the second instance 7 to 5, and first instance, are as follows.

“3) As seen earlier, the instant lease agreement was maintained from January 1, 2015 to April 30, 2017, and the total rent during the said period was a total of KRW 240,640,000 (including value-added tax) x 28 months). According to the facts of recognition, the Defendant can be recognized as having received KRW 171,200,000 as the rent under the instant lease agreement, such as the details of payment of rent in attached Form 3, and thus, the Defendant should deduct the delayed rent of KRW 75,20,00 (=24,640,000 - 17,120,000) from the lease deposit.

- 5 Doz. 9 to 13 Doz.

The part of the theory of the lawsuit is as follows. "The defendant is obligated to pay to the plaintiff the amount of KRW 24.8 million (= KRW 100 million for lease deposit - KRW 75.2 million for delay) and to pay damages for delay calculated by the rate of 5% per annum as stipulated by the Civil Act from September 6, 2018, which is the day following the day on which the copy of the complaint of this case is served, until September 24, 2020, the date on which the judgment of the court of first instance is rendered until September 24, 2020, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the day of full payment.

A person shall be appointed.

3. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as they are without merit.

The part against the defendant ordering payment in excess of the above recognition amount among the judgment of the court of first instance partially different conclusions is unfair, and thus, it is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed, and the defendant's remaining appeal is dismissed as

참조조문

-민법

-민사소송법 제420조

-소송촉진 등에 관한 특례법

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