(영문) 의정부지방법원 2017.08.23 2017나205883

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(영문) 의정부지방법원 2017.08.23 2017나205883

임대차보증금

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1. The defendant's appeal is dismissed.

2. Of the total litigation costs, 20% is borne by the Plaintiff, and the remainder 80% is borne by the Defendant, respectively.

Reasons

1. After remanding, the plaintiff filed a claim against the defendant for damages, the judgment of the court of first instance accepted the claim for damages for property damage of KRW 400,000, consolation money of KRW 5,000,000, and damages for delay against each of these money.

As to this, the Defendant appealed against the losing part, and the judgment prior to the remanding part of the appeal by the Defendant, which accepted part of the appeal by the Defendant, and rendered a decision that “the Defendant shall pay to the Plaintiff (property damage) KRW 400,000 and damages for delay thereof. Of the judgment of the first instance, the part against the Defendant exceeding the above amount ordered to be paid (property damage) shall be revoked and the Plaintiff’s claim corresponding to the revoked part

In this regard, the plaintiff appealed on the part of consolation money and the part of the claim for damages for delay, which was accepted by the court of first instance, dismissed by the appellate court. The judgment of remanding shall accept the plaintiff's appeal, and the part of the claim for consolation money and damages for delay against the defendant of the judgment before remanding the case shall be reversed and remanded to this court. As such, the judgment of the court of first instance shall be limited to the part which was reversed and remanded, that is, consolation money and damages for delay.

2. Facts of recognition;

A. On October 12, 2009, the Plaintiff entered into a lease agreement with B, in relation to the lease deposit amounting to KRW 28 million, monthly rent of KRW 1 million (excluding value-added tax), and from October 16, 2009, with the lease term of KRW 1 million from October 24, 2009 (hereinafter “instant lease agreement”).

B. The Plaintiff paid the lease deposit to B pursuant to the instant lease agreement, and operated a private teaching institute based on the delivery of the instant commercial building.

C. The instant lease agreement terminated on October 15, 2014, and the Plaintiff transferred the instant commercial building to B on the same day.

The purpose of the Plaintiff is to use the Bosong.

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