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(영문) 울산지방법원 2019.05.23 2018나23711
임대차보증금
Text

1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, KRW 5,200,000 against the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasons why the court should explain this part of the basic facts are the same as the part of the "1. Basic Facts" among the reasons for the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. In the first instance trial, the Plaintiff filed a counterclaim against the Defendant: (i) KRW 10,00,000 for the damages for tort; (ii) KRW 3,400,00 for the damages for tort; (iii) KRW 20,770,00 for necessary expenses and beneficial expenses; and (ii) the Defendant filed a claim against the Defendant for reimbursement of the overdue rent calculated at the rate of KRW 667,050 for the overdue rent calculated from February 22, 2017 to November 16, 2017; (iii) KRW 5,877,410 for the overdue rent; (iv) KRW 5,87,410 for the delayed rent calculated at the rate of KRW 667,050 for the period from November 17, 2017 to the completion date of the delivery of the instant leased portion; and (v) KRW 667,050 for the rent and its delayed payment.

However, the judgment of the court of first instance accepted only a claim against KRW 10,000,00 of the Plaintiff’s principal claim (Provided, That the part of the claim for delay damages is dismissed), and the remainder ②, ③ the claim was dismissed. Of the Defendant’s counterclaim, ① the part of the claim for delivery of the leased portion and the claim for payment of money, ② the part of the claim, ③ the part of the claim, ③ the part of the claim, and

On the other hand, the defendant only appealed against the part of the part against which the principal lawsuit and the counterclaim have been lost. The object of the judgment in this Court is to judge as to ① the part on the claim of KRW 10,000,000 among the principal lawsuit and the counterclaim, ② the part on the claim of money payment, and ③ the part on the claim of money payment.

3. Determination as to the principal claim (the part concerning the claim for refund of lease deposit)

A. The fact that the Plaintiff paid KRW 10,000,000 to C, a lessor, on June 30, 2004, with respect to the leased portion of the instant case on the grounds of the claim is no dispute between the parties, and the Plaintiff on June 30, 2015.

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