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(영문) 서울고등법원 2018.11.08 2018나2016797

손해배상(기)

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the following amount ordered to pay.

Reasons

1. In this paragraph, the principal claim and counterclaim shall also be deemed to have been filed.

A. The Plaintiffs’ respective lease agreements 1) Plaintiff A entered in the separate sheet from July 1, 201 to July 1, 2011 (hereinafter “instant building”).

() On January 18, 2014, the lease deposit amounting to KRW 140 million, monthly renting to KRW 6 million, and the period from January 30, 2014 to January 29, 2015 (this later was renewed from January 29, 2016).

(2) On January 4, 2007, Plaintiff B leased a commercial building of the first floor of the instant building from H on February 8, 2014, and thereafter leased the lease deposit amount of KRW 140 million, monthly rent of KRW 6 million, and the period from February 5, 2014 to February 4, 2015 (this later was renewed from February 4, 2016). After paying the lease deposit, Plaintiff B leased the lease deposit from the said commercial building to KRW 140 million, monthly rent of KRW 600,000,000, and the sales business, such as clothes, has been conducted.

3) From around 2008 to February 9, 2015, Plaintiff C leased the commercial building No. 1 on the first floor of the instant building under his/her own name, and was renewed from H on February 11, 2014 from H to KRW 120 million, monthly rent of KRW 5.8 million, and the period from February 10, 2014 to February 9, 2015 (after this, until February 9, 2016).

(B) After setting a lease deposit and paying a lease deposit, the said commercial building sold the clothing, etc. of Q. B. On January 16, 2015, the Defendant, such as the Defendant’s acquisition of the ownership of the instant building, purchased each of the 1/2 shares of the instant building from H and I and completed the registration of ownership transfer on March 16, 2015, and succeeded to the lessor’s status against H as to the Plaintiffs. (c) The Defendant’s refusal to renew the lease contract and the Plaintiffs’ demand for the collection of the key money. (d) around December 14, 2015, the Defendant: (a) around December 14, 2015, concluded a lease agreement with the Plaintiff and B as KRW 20 million; (b) KRW 150 million; and (c) KRW 160 million, monthly rent, KRW 160,000, respectively.