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(영문) 서울고등법원 2019.10.30 2019나2016046

손해배상(기)

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs.

Reasons

1. The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance except for the addition or replacement as stated below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In addition, the part of the first instance court's decision, No. 3, 5, which this court has tried to dismiss or add, “Defendants” as “Defendant and B.”

Defendant C in Part 3 of the judgment of the first instance court, “Defendant C” in Part 6 of the judgment of the first instance shall be changed to “Defendant C” (hereinafter “Defendant C” in the reasoning of the judgment of the first instance). In Part 3 of the judgment of the first instance, “Defendant B” in Part 7 of the judgment of the first instance shall be changed to “Defendant B Co-Defendant B (hereinafter “B”) and “Defendant B” (hereinafter “Defendant B” in the reasoning of the judgment of the first instance shall be deemed to be both “B” and “Defendants” shall be deemed to be “Defendant and B.” The following shall be added to the table under Part 6 of the judgment of the first instance.

(2) The lease deposit shall be free of interest and the defendant and B shall refund the lease deposit in cash to the plaintiff at the time of termination and termination of the contract period, and at the same time, the plaintiff shall order the defendant and B to order the subject-matter: Provided, That if the obligations including the various expenses to be borne by the plaintiff under this contract are remaining, the defendant and B shall refund the balance after deducting the said amount."

[However, without modifying the purport of the purport of the claim, the Plaintiff only sought 43,392,851 won as the purport of the appeal concerning the main claim (i.e., KRW 300,000,000 for lease deposit - KRW 235,047,149 for the settlement of overdue rent, etc. - KRW 21,560,00 for free construction cost) and damages for delay.

[] On the 11th judgment of the first instance court, the following shall be added as follows:

(b)in addition;