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(영문) 대전지방법원 2017.04.26 2016가단15867
손해배상(기)
Text

1. From December 1, 2016 to April 26, 2017, the Plaintiff (Counterclaim Defendant) paid KRW 555,162 to the Defendant (Counterclaim Plaintiff) and against such KRW.

Reasons

1. On the premise, the principal lawsuit and counterclaim shall also be deemed to exist.

A. On January 7, 2011, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 30 million, monthly rent of KRW 2.5 million, and the lease period as of January 6, 201, and received KRW 30 million as the lease deposit.

After that, the Plaintiff and the Defendant concluded an agreement to change the monthly rent of KRW 2.5 million and the term of lease to January 6, 2015.

B. However, despite the expiration of the lease term, the Plaintiff did not deliver the instant real estate to the Defendant, as Daejeon District Court Decision 2015Da2192, the Plaintiff filed a lawsuit for the delivery of the instant real estate with the Daejeon District Court Decision 2015Da2192, and the Plaintiff rendered a favorable judgment below hereinafter referred to as “the first instance judgment”). Upon the first instance judgment, the Plaintiff concluded a lease contract with the Plaintiff as to the real estate listed in the attached list (real estate in this case) at KRW 10 million and KRW 7 million monthly rent, and received KRW 10 million as the down payment. D. However, the Defendant applied for the suspension of compulsory execution against the first instance judgment, and the Plaintiff was unable to receive the instant real estate, and the lease contract between the Plaintiff and C was terminated. On March 11, 2016, the appellate court of the first instance returned KRW 10 million, which was paid to the Plaintiff with the down payment of KRW 200,000,000 for each of the instant real estate at the same time.

2. Determination on the main claim

A. The summary of the Plaintiff’s assertion lies in the judgment of the first instance court.

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