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(영문) 울산지방법원 2017.10.25 2016나24383
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. 1) The Defendant entered into a lease agreement with Ulsandong-gu K, Ulsan-gu, and the second floor M&A (2 complex) No. 112 and 113 (hereinafter “instant lease agreement”) on December 14, 2012 between the F, and four other (F, G, H, I, and J; hereinafter “F, etc.”) on December 14, 2012.

3) At the time, the Defendant entered into a lease contract of this case with a deposit of KRW 500,00,000, monthly rent of KRW 20,000 (hereinafter “the first lease contract”).

b. The sub-lease contract of this case (hereinafter referred to as the “sub-lease contract of this case”) was made and signed and sealed by the broker column.

(1) On December 13, 2012, the Plaintiff received a proposal from the Seocho Police Officer to transfer part of 113 square meters of the said No. 113 (hereinafter “the preceding part of the instant vehicle”) to E, and accordingly, remitted KRW 50,000,000 to E on December 13, 2012.

2) On January 4, 2013, the Plaintiff and E requested the Defendant to prepare a sub-lease contract. On the same day, the Defendant entered “200,000,000 won of the pre-lease deposit, 50,000,000 won of the down payment (E’s signature in the Young column), the balance of 150,000,000 won of the monthly rent, 4,500,000 won of the sublease, and the period of sub-lease from January 9, 2013 to January 8, 2015 (24 months),” and the Plaintiff made a sub-lease contract between the Plaintiff and E from January 20, 2013 to January 30, 200, 200, 40,000 won of the monthly rent, and 40,000,000 owner’s name, and 30,000,000 from December 21, 2012.”

4. Meanwhile, E is a broker fee of KRW 1,00,000 to the Defendant on January 7, 2013.

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