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(영문) 서울중앙지방법원 2020.08.26 2019나52784
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 145,000,000 as well as to the plaintiff on October 2019.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the reasoning of the judgment, is the same as the ground of the judgment of the court of first instance, except for the addition of “additional judgment” with the following stated reasoning, thereby citing it as is in accordance with the main sentence of Article 420

2. The part corresponding to the second part of the judgment of the court of first instance, which held that “The Plaintiff requested the Defendant to provide a proper business operation due to the instant tent, but the Defendant failed to resolve it.”

The third part of the judgment of the first instance is that “the Plaintiff delivered the instant store to the Defendant on October 9, 2019, which was after the date of the closing of argument in the first instance.”

The pertinent part of “(5) of the first instance judgment’s 5 simultaneous performance claim” is “The Defendant may not refund the lease deposit until the delivery of the instant store. However, since the Plaintiff delivered the instant store to the Defendant on October 9, 2019, which was after the date of the closing of argument in the first instance trial, the Defendant’s defense is without merit.”

The relevant part is deleted below the “divate theory.” The eighth (B) judgment of the first instance is deemed to be “B.”

The pertinent part of the Defendant’s defense is “The Defendant cannot pay damages until the delivery of the instant store. However, since the Plaintiff delivered the instant store to the Defendant on October 9, 2019, which was after the date of closing argument in the first instance trial, the Defendant’s defense is without merit.”

The relevant part is deleted below the 's theory of lawsuit'.

Therefore, the defendant is obliged to pay the plaintiff KRW 145,00,000 as lease deposit amount of KRW 80,000,000 at the same time with the delivery of the store of this case from the plaintiff.

"B" Therefore, the defendant's 145,00,000 won = 80,000,000 won of lease deposit = 65,000 won of damage compensation, and its delivery date from October 10, 2019 to the date of full payment.

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