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(영문) 부산지방법원 2016.10.19 2016나41743
구상금
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

Facts of recognition

A. On August 27, 2014, the Defendant leased (i) 110 million won as security deposit, and (ii) 24 months from September 22, 2014 to September 21, 2016, the Plaintiff leased (i) 10 million won as security deposit (hereinafter “instant apartment”).

B. From September 22, 2014, the Defendant, while residing in the instant apartment from September 2, 2014, requested the Plaintiff, a licensed real estate agent, to seek a new tenant to move into the instant apartment.

C. On January 20, 2015, the Plaintiff mediated the conclusion of a new lease agreement between C and E with respect to the instant apartment, and the Defendant resided in the instant apartment by January 29, 2015.

On February 2015, the Plaintiff requested the Defendant to pay electricity charges imposed on the apartment of this case several times.

E. Before February 23, 2015, the Plaintiff paid KRW 27,760,780,000 on December 28, 2015, in total, the amount of electricity and TV license fees of KRW 106,330 on November 37, 2014, KRW 28,630 on December 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 14, and 15, and the purport of the whole pleadings

A. According to the facts of the determination as to the cause of the claim, the Plaintiff paid the Defendant the total amount of the electric charges and TV license fees generated during the period in which the Defendant resided in the apartment in the instant apartment, and the total amount of KRW 101,795,160 from November 37, 2014,160 from December 28, 2014,630, KRW 27,760 from January 10, 2015 to January 29, 2015, KRW 8,245 ( KRW 12,780 from February 29, 2015 ± 20 days ± 31, and less than KRW 31) on behalf of the Defendant, thereby causing the Plaintiff’s right to indemnity against the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 101,795 and the damages for delay calculated at the rate of 15% per annum from March 13, 2015 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order.

B. The judgment of the defendant on the defendant's assertion is KRW 330,000,00 for electricity and meal expenses.

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