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(영문) 서울북부지방법원 2018.10.23 2018가단5413
손해배상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On September 3, 2014, the Defendant entered into a lease agreement with 6 million won as lease deposit and received a fixed date on September 22, 2014, by setting 1/2 shares (title 205-1) of the real estate listed in the attached Table 1, which is the Plaintiff’s ownership, as the lease deposit.

B. On January 2017, the Plaintiff made the Defendant participate in entering into a lease agreement with a new lessee on the ground that the Defendant is between directors on the ground of work.

However, the defendant did not enter into a contract with a new lessee because the manager who is not the representative of the plaintiff company did not participate in the contract.

C. On February 24, 2017, the Defendant applied for provisional seizure by deeming the preserved claim against the real estate listed in the separate sheet as the claim to return the leased deposit amount of 6 million won. The registration of provisional seizure was completed.

Since the contract period of tenants No. 501 and No. 205-2 of the above building expired, the defendant could not enter into a lease contract with a new lessee due to the defendant's provisional seizure.

As a result, the Plaintiff suffered damages equivalent to 5% per annum of 205 appraisal price of KRW 75 million and KRW 25 million per appraisal price of KRW 501,000,000,000 per annum of KRW 325 million. Thus, the Defendant is obligated to pay to the Plaintiff money calculated at the rate of KRW 1,354,00 per annum from February 25, 2017 to February 24, 2018, the sum of damages from February 25, 2017 to February 25, 2018, and from February 25, 2018, from February 2017 to February 1, 354,000 per annum of the Seoul Northern District Court’s provisional attachment of KRW 1/2 of the real estate listed in the separate attachment list.

2. Comprehensively taking account of the overall purport of the pleadings in each of the statements No. 1-1, No. 1-2, No. 2-1, No. 3-2, and No. 3-1 and No. 2, the Plaintiff entered into a lease agreement with the Defendant on September 3, 2014 with respect to No. 205-1, which is the Plaintiff’s ownership, until September 22, 2016. The Plaintiff delivered the above 205-1 to the Defendant and received the lease deposit from the Defendant, and the Defendant received the lease deposit from the Defendant on September 22, 2014.

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