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(영문) 인천지방법원 2016.04.29 2015나4313
임대차보증금반환등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 18,030,893 and KRW 7,475,163 among them.

Reasons

1. The reasons for the court's explanation concerning this case are as follows, and the reasons for the court's explanation is as stated in the reasoning of the judgment of the court of first instance, except for partly modifying or using it, and adding a decision on a new argument in the trial, and therefore, it is identical to the part concerning the reasoning of the judgment of the court of first instance. Thus, it is acceptable

2. On the 7th 10th 10th 10th 1st 1st 1st 1st 1st 1st 1st 1st 12

3. In the part of the judgment of the court of first instance, the part "(b) repair and test expenses, etc." in the part of the judgment of the court of first instance, "(2) active damages," as follows:

(B) In a case where a claim for damages is filed with termination of a contract on the grounds of non-performance of the primary claim, such as repair and test expenses, ① In a case where a claim for damages is made on the grounds of termination of a contract, the obligee is deemed to have been part of the performance interest and thus, the obligee may seek compensation for expenses incurred by the obligee, regardless of whether the other party was aware or could have been aware of the other party as ordinary damages. Of the expenditure, the expense normally paid for the conclusion and performance of the contract may be claimed regardless of whether the other party was aware or could have known, and the excess expense may be claimed

(See Supreme Court Decision 2003Da15501 Decided February 10, 2006, etc.) In full view of the purport of the entire pleadings as to this case’s health room, Gap’s 3 and 4 video products, and Gap’s 11-2 through 4, the plaintiff may recognize the fact that the plaintiff leased the store of this case, and then, in order to install facilities necessary for the operation of the restaurant and to conduct the test, the plaintiff paid a total of KRW 10 million with the internal electrical construction cost, KRW 2 million with the cost of urban gas construction, KRW 3 million with the cost of urban gas construction, KRW 3 million with the cost of production, and KRW 6 million with the cost of internal electrical construction, etc., which is the object of the lease agreement of this case’s opening and opening of restaurant.

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