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(영문) 대구지방법원 2015.07.10 2014나304410
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment to the plaintiff in excess of KRW 1,364,383.

Reasons

1. Basic facts

A. From December 2006, G association corporation, the representative director of the Defendant, (hereinafter “G association”), built a new association building near the 1514m2 (hereinafter “instant land”) of the Gyeongbuk-gun, the Plaintiff owned from Dec. 1, 2006, around the 1514m2 (hereinafter “instant land”). The mar and mar, generated therefrom, laid off the instant land.

B. On May 28, 2007, D, an employee of the Defendant, concluded a lease agreement on the instant land in the name of the Defendant with the Plaintiff at the Defendant’s office.

(hereinafter “the lease of this case”). C.

The content of the instant lease is: (a) the Defendant leased the instant land from the Plaintiff from June 1, 2007 to May 31, 2010, and annual rent of KRW 3,000,000.

6.1. It is intended to pay in advance and restore land to its original state upon expiration of the lease term.

Although rocks, which were abandoned on the ground of the instant land due to the construction of a new building of the association before the lease of the instant case, remain in the form of molding the instant land, and its height reaches approximately one meter average, there are a lot of small stones in the molding part.

E. On June 1, 2007, the Defendant paid KRW 3,000,000 to the Plaintiff, but thereafter, did not pay rent for the lease of this case.

Accordingly, on November 13, 2009, the Plaintiff sent to the Defendant a content-certified mail containing the intent to terminate the lease of this case on the ground of the Defendant’s delinquency in payment of rent, and around that time, the said notice was delivered to the Defendant.

[Ground of recognition] A without dispute, Gap evidence 1 through 4 (including paper numbers; hereinafter the same shall apply), Eul evidence 5, Eul evidence 8, Eul's video and witness D's partial testimony of the first instance court, the result of appraisal E by the first instance court appraiser E, and the purport of whole pleadings

2. Determination on the claim of restitution costs

A. The Plaintiff’s assertion F was the Defendant’s representative director who was the president of the G Union, and the Plaintiff’s assertion F was generated during the construction of a new building of the association.

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