손해배상(기)
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and all of the plaintiff's claims corresponding to the revocation part shall be revoked.
The court of first instance rendered a judgment dismissing all of the remainder claims, citing part of the claim for restitution costs and unjust enrichment, which the plaintiff sought reimbursement of KRW 350,000,000 for restitution costs, KRW 300,000 for penalty, and KRW 11,805,513 for unjust enrichment (payment of charges for causing traffic congestion and environmental improvement charges) against the defendant.
With respect to this, only the defendant appealed and seek the cancellation of the part against the defendant in the first instance judgment, and the plaintiff did not appeal.
Therefore, the scope of the court's adjudication is limited to the part against the defendant and the claim for restitution of unjust enrichment.
Basic Facts
On August 20, 1996, the Plaintiff entered into a lease agreement with the Defendant on the Guro-gu Seoul Building (hereinafter “instant building”) (hereinafter “the instant lease agreement”) and renewed the said lease agreement. On February 1, 201, the Plaintiff entered into a lease agreement again (hereinafter “instant lease agreement”) by setting the lease deposit as KRW 1,50,000,000, monthly rent as KRW 53,000,000, and the lease term as from February 1, 201 to January 31, 2016.
Article 5 (Plaintiffs, hereinafter the same shall apply) and B (Defendants, hereinafter the same shall apply) shall notify the other party of the intention to terminate the contract one month prior to the end of the period, and the building of this case shall be ordered at its own expense at the same time as the period expires, and the above expenses shall not be claimed against A.
Article 6 Costs needed for the use of water, gas, electricity, telephone, and other things shall be borne by them.
Article 7 No person shall perform any act, such as alteration, operation, processing, etc. of the structure, with respect to leased articles without the consent of the Party A.
If it is against this, it shall be restored to the original state at the expense of B, or deliver all the changed facilities, etc. to A without compensation.
Special Agreement Provisions
2. The building B in this case is to be its original condition after the completion of the contract.