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(영문) 부산지방법원 2015.02.12 2014나10240
임대차보증금반환 등
Text

1. Of the judgment of the first instance, both the Plaintiff (Counterclaim Defendant)’s appeal against the principal lawsuit and the Defendant (Counterclaim Plaintiff)’s appeal are filed.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) evidence additionally submitted by the court of first instance, which is insufficient to reverse the facts acknowledged by the court of first instance; (b) the video of the evidence No. 14, 15, which is insufficient to reverse the facts recognized by the court of first instance; and (c) the evidence No. 5, No. 8, of the court of first instance, is taken into consideration as "o evidence, evidence No. 12, 13, and video"; and (d) the evidence No. 13, "o. 4,00,000 won was estimated for removal of the lack established by the plaintiff and removal of the leased object of this case from the wall of this case, and removal of the part "d. ," as stated in the reasoning of the judgment of the court of first instance, except for addition of the following determination, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

D. Ultimately, as to the Plaintiff’s damages amounting to four million won and two million won among the damages amounting to the Plaintiff, the Defendant is obligated to claim as to the existence and scope of the Plaintiff’s obligations from November 23, 2013 to June 13, 2014, the date when the first instance judgment is rendered; 5% per annum under the Civil Act until June 13, 2014; 20 million won per annum as stipulated under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date when the obligation is fully paid; as to the damages amounting to two million won, the additional payment order is to be made from November 23, 2013 to the date when the Plaintiff claims as to the existence and scope of the obligation to perform; and 5% per annum from the next day to the date when the judgment of the first instance is rendered).

2. The conclusion is that the plaintiff's principal claim and the defendant's counterclaim are accepted within the above scope of recognition, and the remaining principal claim and counterclaim are dismissed as they are without merit.

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