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(영문) 창원지방법원 2020.01.31 2019나53072
손해배상(기)
Text

1. Of the judgment of the first instance, the Defendants jointly with the Defendants in the judgment of the first instance, KRW 29,400,000, as well as the Plaintiffs on July 21, 2018.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows, with the exception that the defendants added or emphasized the following "2. Additional Judgment" to the allegations added or emphasized by the court of first instance, and the grounds of the judgment of the court of first instance except for the dismissal of "3...." to "3.." to "3." to "3." to "6." to "3." to "6." to "6." to the main sentence of Article 420 of the Civil Procedure Act, and thus, they are cited as it is in accordance with the main sentence of

2. Additional determination

A. Defendant D asserts that the absence of the liability for damages by Defendant D did not constitute a non-existence of the liability for damages due to nonperformance of each of the following subparagraphs, on the grounds that Defendant D did not prepare a letter of September 20, 2017 (hereinafter “the first letter”) and a letter of April 30, 2018 (hereinafter “the second letter”).

In full view of the following facts and circumstances, there is no dispute, or the evidence Nos. 2-1, 3, 3-1, 3-3, and 7-10 of the evidence Nos. 2-1, 3-2, and 10 of the evidence Nos. 2-2, which are acknowledged by adding the whole purport of the pleading to the whole purport of the pleading, Defendant E appears to be acting for and on behalf of the joint lessee, or on behalf of the plaintiffs and the joint lessee, it is reasonable to deem Defendant D as a party to the above statement.

① Defendant D, as a party to a lease agreement on each of the instant real estate, has run a used car sales business for several years by leasing the said real estate together with Defendant E, a joint lessee.

② On July 11, 2017, the lease agreement between the Plaintiffs and the Defendants indicated the monthly rent of KRW 2.5 million. The lessee’s name, resident registration number, address, telephone number, etc. is indicated in the lessee’s column.

③ Each of the instant first papers is the duty to deliver each of the instant real estate upon the expiration date of the lease agreement, i.e., the Defendants, a joint lessee upon the expiration of the lease agreement.

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