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(영문) 대구지방법원포항지원 2017.10.17 2015가단8979
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) shall have the 90.48 square meters below the ground floor of the building on the north-gu Seoul ground from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On February 4, 2014, the Plaintiff leased the lease deposit amounting to KRW 13,000,000,000 for lease deposit, and KRW 50,000 for the rent, and paid the said deposit to D for the lease deposit.

On March 1, 2015, the Plaintiff concluded a lease agreement again by lowering the amount of KRW 400,000 each month to the instant singing room between D and D.

On June 2, 2015, the Plaintiff published an advertisement to rent the instant singing in the E newsletter by circumstances.

Around June 5, 2015, the Defendant purchased the instant singinging building from D, etc., and succeeded to the said lease agreement between the Plaintiff and D, and around that time, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff by setting the lease deposit amount of KRW 13,000,000, monthly rent of KRW 400,000, and the period from March 1, 2015 to March 1, 2017.

On August 12, 2015, the Plaintiff informed the Defendant of the occurrence of water leakage in the instant singing room (hereinafter referred to as “the first water leakage”). The Defendant, through a waterproof business operator, confirmed the water leakage on the side of the first floor of the instant singing room, and thereafter performed waterproof construction on the side of the said kitchen. On August 21, 2015, the Plaintiff completed the waterproof construction work on August 27, 2015, upon the Plaintiff’s request, by replacing a part of the instant singing pole and the spring light, which was broken out due to water leakage.

(A) Around August 28, 2015, the Defendant informed D of the fact of waterproof construction works, and received KRW 1,500,000, which is part of the cost of waterproof construction works, from D. Meanwhile, the Plaintiff reported the closure of business on August 12, 2015.

On August 31, 2015, the Plaintiff suffered from the Defendant the number of the instant karaoke machines in the instant karaoke machines (hereinafter referred to as “the second number”).

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