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(영문) 서울중앙지방법원 2017.07.21 2016나71418

기타(금전)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

(a) The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 4 (including paper numbers) by integrating the purpose of the entire pleadings:

1) On September 12, 2002, the Plaintiff as the Plaintiff, around September 12, 2002, on the ground and underground commercial buildings of D large 4,144.3 square meters in Jung-gu, Seoul, Jung-gu, Seoul (hereinafter “instant commercial building”).

(2) On June 11, 2008, the Plaintiff acquired the right to lease from the sectional owners of the instant commercial building and agreed on 103,950,000 rental deposit (i.e., the unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit 3.9 square meters), and (ii) on June 17, 2008, 2008, the total amount of the leased unit unit unit unit unit unit unit unit of the instant commercial building unit unit unit unit of 103,950,000,00 won (i.e., the unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit 3.9 square meters) (i.e., the lease deposit amount of 38,500,000,000 won, excluding rental deposit deposit of 50,500,000 won) to the Defendant.

(B) On June 17, 2008, the Defendant paid 207,900,000 won (=103,950,000 won x 2) to the Plaintiff under the instant lease contract.

3) On February 23, 2010, the Defendant: (a) around 3, 2010, the store’s store’s 3051 square meters (13.83 square meters, including the exclusive use area and the exclusive use area; hereinafter “1 store”); (b) the store’s 3052 square meters and the leased area’s 16.83 square meters, including the exclusive use area; hereinafter “2 store”); and (c) the store’s 3052 square meters and the leased area’ 16.83 square meters, including the exclusive use area; and (d) the 1 and 2 stores in the instant case.