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(영문) 서울고등법원 2017.03.29 2016나2063157

손해배상등 청구의소

Text

1. Of the judgment of the court of first instance, the Defendants were jointly and severally liable to the Plaintiff for the payment of KRW 137,436,238 and the payment thereof from July 1, 2014.

Reasons

1. Basic facts

A. On June 14, 2012, the Plaintiff entered into a contract with the Defendants for the lease of the fourth 323.34 square meters of the building in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant lease contract”) (hereinafter “instant lease contract”). Of the joint lessees of the instant lease contract, H Co., Ltd. is the Defendant L Co., Ltd. (hereinafter “Defendant L”) on April 24, 2013, Mar. 19, 2013, Jun. 19, 2013, and June 2, 2015.

When the Defendants observe the Defendants, “stock company” is omitted.

) The trade name was changed to another one. The main points of the change are as follows:

Defendant B is the representative of the joint lessee.

Article 2 (Term of Contract)

1. This Agreement is from May 1, 2012 to April 30, 2013.

2. Where one of the parties to a contract fails to notify in writing the other party of his/her objection to the extension of the term of lease by 90 days prior to the expiration of the term of lease, the extension shall be deemed to have been extended by one year under the same conditions as this contract, except for the provisions

Article 3 (Rental Deposit)

1. Rental deposit: one hundred million won;

4. Where a lessee fails to pay various expenses to be borne by the lessee under this contract among the rental deposit, or the rent, etc. is not paid from time to time, the lessor may deduct the rent, etc. and appropriate it for the amount of the claim of the lessor

In such cases, the lessor shall notify the representative of the lessee of the details of the amount of deduction in writing, and the lessee shall supplement the amount of deduction within ten days from the date of receipt of such notification.

Article 4 (Rents and Management Expenses)

1. Monthly rent: 15 million won, and monthly management expenses: 2 million won; and

2. The lessee’s representative is in principle responsible for the payment of monthly rent, management fee, and other expenses.

However, there is no exemption from the liability for payment of other joint tenants, and there is a joint and several liability for rent, management expenses, and other expenses. The representative of lessee shall pay within the deadline.