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(영문) 서울고등법원 2020.07.02 2019나2044140

손해배상(기)

Text

1. The judgment of the court of first instance is modified as described in paragraph 2 below.

2.(a)

The defendants jointly do so to the plaintiff 121,472.

Reasons

1. The reasoning to be indicated in this part of the underlying facts is as follows, excluding the parts used by the court as follows, and thus, it is identical to the corresponding part of the reasoning of the judgment of the first instance. As such, it shall be cited by including the abbreviation pursuant to the main sentence of Article 420

The term "a contract for lease" is "a contract for lease" (hereinafter referred to as "the instant lease contract") in No. 3, No. 7.

(1) Doese the ..".

[No. 4] Jeju Special Self-Governing Province No. 18 (Korean Government District Court No. 2017No3377)] (Korean Government District Court No. 2017No3377, hereinafter referred to as "relevant criminal case").

(i)be engaged in 10.0

2. The reasoning to be indicated in this part of the judgment of the court concerning the claim for rent is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The "Lease Contract" of No. 4 shall be applied to the "Lease Contract" on the 7th side.

From 7th to 9th, the Ministry of Education, Science and Technology has taken the following measures:

The Plaintiff asserts that the term of lease under the instant lease agreement is from July 17, 2015 to July 19, 2015, and that the payment of KRW 16 million, in addition to the recognized rent, is also sought as well.

However, it is found earlier that the Plaintiff was unable to perform the obligation to allow Defendant C, a lessee, to use and benefit from the said C, due to the occurrence of the instant accident on July 18, 2015, due to the damage of the said Crick.

In addition, the following reasons are as follows: (a) the Plaintiff’s failure to perform the said lessor’s obligations is attributable to both the Plaintiff and the Defendant C.

Therefore, the above lease agreement became impossible due to the occurrence of the instant accident, and there is a cause attributable to the Plaintiff as to the said impossibility.