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(영문) 서울고등법원 2019.07.11 2018나2071510

건물인도 등

Text

1. The judgment of the first instance court, including the part added by this court among the counterclaim claims filed by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this part of the lower court’s reasoning is as follows, and this part of the reasoning of the first instance judgment is identical to that of the corresponding part of the reasoning of the first instance judgment (3rd 9 to 6 pages 2). As such, this part of the reasoning is cited pursuant to the main sentence of Article 420

The fourth 10 to 14 vehicles in the judgment of the first instance shall be cut down as follows.

“A” (C) in a case where the contract is terminated due to the expiration or termination of the contract term of Article 8 (Refund of Lease Deposit or Lease Deposit) or any other cause;

hereinafter the same shall apply.

Party B (Defendant means the Defendant);

hereinafter the same shall apply.

) A refund of the lease or the lease deposit shall be granted 10 days after the full order of the lease or the lease object was received: Provided, That if a debt is owed to A, such as the rent, management fee, monthly rent, and damages, to be paid or borne by B, the amount equivalent thereto shall first be deducted from offset, and the balance shall be refunded only. Article 15 (Value-Added Tax) of the Contract bears the value-added tax on the expenses for the lease or the lease object, including rent and management fee paid to A under this Agreement. Five parallels or one parallels or one parallels in the judgment of first instance are as follows.

“E. The Defendant paid totaling KRW 68,627,320 to the Plaintiff on April 15, 2017, as well as KRW 1,74,683,00, a sum of KRW 1,744,683,00 on the same monthly basis until May 2019, as well as KRW 68,627,320, such as rent, management expenses, value-added tax, and water supply fees. The Defendant paid KRW 1,74,683,00 on May 15, 2019. The six-party 1 of the first instance judgment of “No. 15” was changed into “

2. Determination on the main claim

A. The grounds for this part of the provision of the Act applicable to the lease agreement Nos. 1 and 2 are as follows, and the relevant part of the judgment of the court of first instance (as stated in the corresponding part of the judgment of the court of first instance 5~7) is the same as that of the corresponding part of the judgment of the court of first instance (as stated in the second half to fourth half).

The June 9th of the judgment of the first instance court is "the Seoul Special Metropolitan City standard" and "the Enforcement Decree of the Commercial Building Lease Protection Act ( January 2018)".