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(영문) 서울고등법원 2018.08.30 2018나2022297

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. In the first instance trial, the Plaintiff was sentenced to the full judgment of the lower court, on the ground that the Defendant’s contract negotiation with the Plaintiff was unfairly reversed, to the damages incurred by the Plaintiff, KRW 224,40,00 in total, KRW 13,200 in the rent for the temporary parking lot, KRW 34,00,000 in the temporary parking lot, and KRW 68,000 in the business loss amount, and damages for delay incurred by the said temporary parking lot.

As to this, the Plaintiff filed an appeal only on the sum of KRW 224,400,00 in the rent for the temporary parking lot, KRW 13,200,00 in the rent for the temporary parking office, KRW 34,00 in the above temporary parking lot, and KRW 271,60,000 in the above temporary parking lot, and damages for delay in its portion, and did not file an appeal on the portion of KRW 68,00 in the business loss amount.

Therefore, the scope of this court's adjudication is limited to 271,600,000 won and damages for delay except for business losses.

2. Basic facts

A. On April 3, 2005, the Plaintiff leased the above lease contract at KRW 7 years, lease deposit at KRW 150,000,000, monthly rent at KRW 7,000 (hereinafter “the first lease contract”), and operated the used vehicle selling company with the trade name “K” at the same time.

B. On October 5, 2014, the Plaintiff again leased the instant site and its ground buildings from the Defendant at KRW 2 years of lease term, KRW 150,00,000, KRW 5,000 per month of lease, and KRW 5,000 per month of lease (hereinafter “the said lease contract”). On June 28, 2016, the Plaintiff notified the Plaintiff that he/she would refuse to renew the said lease contract, and the notification reached the Plaintiff on June 29, 2016.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

3. Judgment as to the plaintiff's claim