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(영문) 수원지방법원 2017.10.17 2016나69079
보증금 등
Text

1. All appeals filed by the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On January 29, 2014, E decided to lease the above apartment again with the Defendant as KRW 200 million, KRW 1700,000,000 (the end of each month), and KRW 200,000,000 from January 31, 2014 to January 31, 2016; thereafter, E (hereinafter referred to as “the deceased”) died on May 17, 2015; Plaintiff A’s spouse, Plaintiff B, and Plaintiff C were co-inheritors of the deceased on the ground that the lease agreement was terminated on March 25, 2015, and the Plaintiffs were not paid KRW 50,000,000 to the Defendant on the ground that the lease agreement was terminated on May 17, 2015, and the Plaintiff was not paid KRW 500,000,000 from each of the parties to the case on March 25, 2015.

2. The Plaintiffs initially sought reimbursement of the amount equivalent to the expenses for directors, along with the payment of the balance of the lease deposit as the principal lawsuit against the Defendant. The first instance court partially accepted the claim for the refund of the lease deposit among the principal lawsuit, and rejected all of the expenses for directors. The Defendant only appealed as to the principal lawsuit among the judgment of the first instance, and the Plaintiffs did not appeal.

Therefore, the lower court did not make a decision on the part of the plaintiffs' principal claim for director's expenses.

A. The Plaintiffs were unpaid at KRW 10 million (i.e., KRW 200 million-40 million-150 million).

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