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(영문) 인천지방법원부천지원 2014.11.18 2014가단8860
손해배상
Text

Of the instant lawsuit, the part of the claim against Defendant C in the amount of KRW 12,144,657 shall be dismissed.

Defendant B and Defendant B were 32,118,915 won.

Reasons

Facts of recognition

On October 29, 2008, the Plaintiff entered into a lease agreement with Defendant C on the lease deposit of KRW 30,000,000,000 and KRW 1,550,000 for the lease deposit.

On October 8, 2012, the Plaintiff engaged in a group work in the instant building between Defendant B and Defendant B. However, the Plaintiff again concluded a lease agreement with respect to the instant building under the name of Defendant B, and paid KRW 22,50,000, equivalent to half of the interior cost, to Defendant B, and the Plaintiff agreed to receive the lease deposit when the lease agreement for the instant building is terminated.

Accordingly, Defendant B prepared a lease agreement between Defendant C with the term of KRW 30,00,000, monthly rent of KRW 1,650,000, and the term of lease from October 21, 2012 to October 20, 2017.

(hereinafter “instant lease agreement”). On December 29, 2012, when Defendant B terminated the instant lease agreement on the grounds of financial shortage, etc. between Defendant C and the Plaintiff on December 29, 2012, when the interior construction of the instant building was in progress, Defendant B had waived the lease deposit amount of KRW 30,000,000. However, in the event that the instant lease agreement is concluded again on the instant building, Defendant B was paid the lease deposit after deducting monthly rent, etc. from the Plaintiff and Defendant D, a construction business operator.

Defendant C leased the instant building to a third party on or around March 5, 2013. On March 4, 3013, Defendant C stipulated that “F real estate-affiliated G, which arranged the said lease agreement, shall bear the cost of removal of facilities remaining in the instant building between the Plaintiff and the new lessee, and that the Plaintiff did not claim such cost.

By March 5, 2013, the unpaid management expenses of the building of this case are KRW 2,148,915.

On the other hand, H claiming that the instant building is a construction business operator of the instant building shall file a lawsuit against Defendant B on the claim for construction cost under the Northern District Court 2014 Ghana 1519, and make a decision of performance recommendation as of March 24, 2014.

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