손해배상(기)
1. The plaintiff's appeal and the defendant's appeal are all dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for “the part added to 2.0”, and therefore, it is identical to the ground of the judgment of the court of first instance. Therefore, it is acceptable to accept it in accordance with the main sentence of
Under the second sentence of the first instance judgment, the “Defendant” in the second sentence shall be deemed to be the “Plaintiff”, the “Plaintiff” in the third sentence in the first sentence shall be deemed to be the “Defendant”, the “Defendant” in the third and fifth sentence shall be deemed to be the “Defendant”, and the “Defendant” in the second to the last sentence shall be deemed to be the “Defendant”, and the “Defendant” shall be deemed to be the “Defendant”, respectively.
The main part of the main part of the first instance judgment during the period from the third to the sixth part shall be amended as follows:
Although the Defendant alleged to the effect that the removal or reconstruction plan was notified on the ground of the facts stated in the above 1-B., the degree of the above repair does not seem to have reached the degree of removal or reconstruction of the whole or most of the instant stores, and in fact there was no remodelling or reconstruction for the instant stores after the Plaintiff delivered the instant stores. The portion of the “value of the said premium” in the fifth 10th 10th e.g. of the judgment of the first instance, “45,031,000 won” in the fifth 10th e.g., the value of the said premium.
2. The addition;
A. The Defendant asserts that the Plaintiff’s lease term exceeds five years for renewal stipulated in the Commercial Building Lease Protection Act at the time of entering into the instant lease contract. However, in light of the language, content, and legislative intent of Article 10-4 of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018), in cases where the lessee cannot exercise the right to request renewal of the contract exceeding five years, including the initial lease term under Article 10(2) of the former Commercial Building Lease Protection Act, the lessor is an opportunity to recover the premium under Article 10-4(1) of the same Act.