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(영문) 서울동부지방법원 2015.04.22 2014나4493
임차권확인 등
Text

1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.

2.The change in exchange at the time of the trial.

Reasons

1. The reasoning for the court’s explanation of this case is as follows: (a) it is identical to the ground for the judgment of the court of first instance except for dismissal or addition of corresponding parts of the judgment of the court of first instance, such as Paragraph (2). Therefore, it is citing it as it is in accordance with the main sentence

2. Parts to be removed or added;

(a) Change of the 7th and 8th decisions of the first instance court as follows:

G. The Plaintiff did not pay monthly rent from October 2013, and continued to occupy the instant store and delivered it to the Defendant on June 10, 2014.

B. The Defendant changed the title 5 to 8 (b) of the judgment of the court of first instance as follows. The contract of this case was lawfully terminated upon the Plaintiff’s violation of the contract of this case and the Defendant’s termination notice, and the performance (contract) guaranty insurance policy belongs to the Defendant, and both the payment deposit and the payment deposit were deducted as part of the overdue charge, the penalty payment, and the estimated amount of damages. The Plaintiff, even after deducting the Plaintiff from the payment deposit to the Defendant, is liable to pay the estimated amount of damages from February 18, 2014 to June 10, 2014, the delivery date of the store of this case, and sought payment as the counterclaim of this case.

C. The plaintiff's primary claim seeking confirmation of the existence of the right of lease against the defendant is without merit, on the premise that the contract of this case, among the plaintiff's principal claim, has not been lawfully terminated. 3) Nos. 19 through 15 of the judgment of the court of first instance, shall be changed as follows: (1) 10 to 15 of the judgment; (2) 16 to 18 of the judgment of the court of first instance shall be changed as follows.

(b) Whether performance guarantees and payment deposits are returned;

(d) by changing the 12th day of the first instance judgment to “(1) the scope of the Defendant’s return” in the 8th day of the first instance judgment (1) to “(2) judgment” (2) the 9th day of the first instance judgment is deleted.

E. According to the instant contract, the 13th decision of the first instance is amended by the following: (a) the 19th decision of the first instance is amended by the following:

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