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(영문) 울산지방법원 2017.05.31 2017나384
건물인도 및 임차료
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The court's explanation concerning the instant case is based on the reasoning of the judgment of the court of first instance and the conclusion of the judgment of the court of first instance.

In addition to adding the judgment under paragraph (3) as to the defendant's assertion as set forth in the following paragraph (2), it is identical to the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On December 31, 2015, the Plaintiff deposited KRW 24 million, plus KRW 500,000,000,000,000, after deducting the amount equivalent to the rent from October 1, 2015 to December 2, 2015, from the amount equivalent to KRW 25,000,00,000, out of the lease deposit 25,000 to KRW 5,000,00,000,000,000,000 for auction expenses.

3. As the Defendant concluded a lease agreement on a building different from E/F due to the Plaintiff’s violation of the instant lease agreement, the Defendant asserts that the amount equivalent to the rent that the Defendant paid to E/F should be deducted from the Plaintiff’s claim amount. However, there is no evidence to acknowledge that the Plaintiff violated the instant lease agreement.

Therefore, the defendant's above assertion is without merit.

4. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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