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(영문) 서울중앙지방법원 2021.01.15 2019나71334

손해배상(기)

Text

1. The part of the first instance judgment against the Plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. On June 5, 2014, the Plaintiff entered into a lease agreement with the Defendant and the Defendant, setting the lease deposit amount of KRW 250,00,000,000,000 from August 1, 2014 to July 31, 2016, with the lease deposit amount of KRW 14,000,000,000 per month, and the management fee of KRW 6,000,000 (hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

§ 11. Operation of objects, installation and repair of facilities

1. The lessee may, with the prior consent of the lessor, perform the following acts at the expense of the cancerr:

(b) Installing, enlarging, relocating, or altering electric lights, gardens, communications facilities, water supply and drainage facilities, gas, etc.;

2. A lessee shall, if necessary, waive the right to claim reimbursement of beneficial costs and right to request purchase of all the facilities installed by the lessee pursuant to the preceding paragraph, as well as the right to request purchase of the facilities attached thereto.

3. Costs of outer walls, ceiling floor, electricity, telephone facilities, etc. of naturally worn-out items shall be borne by the lessor in conformity with the design drawings, and other repair costs shall be borne by the lessee;

At this time, the lessee waives the right to claim reimbursement of all necessary expenses borne by the lessee.

§ 16. Obligation to restore a street car to its original state

1. When this contract has been terminated, the lessee shall remove the leased object and the property before the termination date, return the keys and the property owned by the lessor to the lessor, and order the lessor to order the whole leased object;

2. The lessee shall restore the leased object to its original condition that he/she had taken over it to the lessor so that the leased object may be used normally and return it;

The lessee shall restore the original state in accordance with the lessor's opinion, and the following is the example of the restoration to the original state.

C. Foods

(a)a damage or a defect;