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(영문) 서울고등법원 2017.04.21 2016나2055439

구상금

Text

1. All appeals filed by the Plaintiff and Defendant A are dismissed.

2. Of the appeal cost, the Plaintiff and Defendant A Co., Ltd.

Reasons

The reasoning for this part of this Court is that the relevant part of the judgment of the court of first instance is identical to that of the judgment, except for the dismissal of some contents as follows. Thus, this Court cites it as it is in accordance with Article 420

Article 1 of the Judgment of the first instance court

A. Paragraph 4, "Defendant A, Inc., Ltd. (hereinafter "Defendant A").

The part "Defendant A" and "Defendant A" and "Defendant A"

"Ero-friendly".

Article 1 of the Judgment of the first instance court

(b) Paragraph (1) shall be as follows:

1) The lease of the first floor, etc. of the instant building 1) National Fire Training and Scarp is 318.15 square meters of the instant building 1st floor (hereinafter “one-story office”).

A) Around May 2012, 2012, KIF entered into a contract for the lease of 300,000,000 won with the first floor office in SIF as the deposit amount, and the lease period from May 14, 2012 to May 13, 2013. The NIF and SIF entered into a contract for the lease of 300,000,000 won with respect to the office on April 29, 2013 when the lease period expires. The lease period is from May 14, 2013 to May 13, 2014, while maintaining the deposit amount of 300,000,000 won with respect to the office on May 14, 2013 to May 13, 2014; and the rent is the amount of 1,365,000 won (excluding the value-added tax, excluding any special value-added tax;

2) The term "lease Agreement" (hereinafter referred to as "Lease Agreement of this case")

AB concluded the agreement.

However, unlike the previous lease contract, Defendant A entered into a contract in the capacity of "agency of a tenant of a 'employee', separate from the lessor or lessee."

Article 1 of the Judgment of the first instance court

(c)(5)(b) is as follows:

“B) After the instant arrangement, Defendant Oson Korea paid KRW 3 million monthly to Defendant A (Article 2(2)1.5 million and KRW 2.5 million, respectively) (However, it appears that KRW 2.5 million have been refunded) and KRW 6 million has been paid for the use fee of the Lebs equipment provided by Scar F.