(영문) 의정부지방법원 2016.01.29 2015나10333

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(영문) 의정부지방법원 2016.01.29 2015나10333

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On August 8, 201, the Plaintiff leased the instant house by entering into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Government-si 202 (hereinafter “instant house”) with respect to KRW 70,000,000 for deposit for lease (payment of KRW 7,000,000 for contract deposit, remainder payment of KRW 63,00,000 for contract deposit, and payment of KRW 63,00,000 for September 9, 201), from September 9, 2011 to September 9, 2013.

B. According to the special terms and conditions of the instant lease agreement (hereinafter “special terms and conditions”), the Defendant completed the registration to reduce the maximum debt amount of the right to collateral security established on the instant housing from KRW 61,100,000 to KRW 20,000,000 until the remainder of the lease deposit is paid.

C. Despite the aforementioned special agreement, the Defendant did not complete the registration of reduction of the maximum debt amount regarding the foregoing right to collateral security, but rather completed the registration of creation of a mortgage over the instant house on September 8, 201, which was the maximum debt amount of 39,000,000.

The plaintiff paid the remainder to the defendant under the instant lease agreement and requested the defendant to perform the lease contract in question with the knowledge that the defendant violated the special agreement, but upon the defendant's failure to perform the contract, the plaintiff terminated the lease contract in question on the ground of the defendant's violation of the special agreement. The judgment against the defendant was rendered that "the defendant shall pay to the plaintiff 70 million won and the amount calculated at the rate of 20% per annum from July 4, 2013 to the date of full payment" (hereinafter "the judgment to refund the lease deposit") which became final and conclusive on October 1, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

(a) determine the claims based on the Letter of Payment;

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