(영문) 인천지방법원 2020.08.21 2019나72284

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.08.21 2019나72284

임대차보증금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The reasoning for this part of this Court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for any further use or addition as follows. Thus, this part of the reasoning for the judgment of the first instance is cited by the main sentence of Article 420 of the Civil Procedure Act

B. 1) Part 1 of the reasoning of the judgment of the court of first instance (from 2th to 6th 12th ) has been written in the following manner: 1) Part 1 of the reasoning of the judgment of the court of first instance:

A. On November 11, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants, setting the lease deposit amount of KRW 70,00,000, monthly rent of KRW 4,500,000 with respect to the instant store, as well as the lease period from November 25, 2017 to November 25, 2019, in order to operate the restaurant (hereinafter “instant store”).

The phrase “the portion to be leased” of the commercial monthly rent contract (A No. 1; hereinafter “instant lease contract”) prepared at the time of the conclusion of the instant lease contract is indicated as the phrase “18 square meters (part of part of 118 square meters on the first floor floor)” in 1 column for the left-hand copon store of the first floor, and Article 4 of the same contract stipulates that the lessor may terminate the lease contract in a case where the lessee’s delayed rent amounts to three-year rents.

2) Each “Defendant” in the 3rd, 16th, 17th, and 4th, shall be raised to “Defendants”.

3) The following shall be added to the fourth and seventh instances of the first instance judgment. 【The fourth and seventh instances of the appeal:

Other. As a result of the appraisal of the actual area of the instant store, the entire area of the instant store, including the building portion of the instant building, is about 95.3 square meters, and the area of the instant building portion is about 4.4 square meters, and the area of the instant store, excluding the building portion of the instant building, is about 90.9 square meters.

4) Part of the reasoning of the judgment of the court of first instance concerning the ground for recognition under paragraph 1 is 4.

참조조문

-민사소송법 제420조

유사 판례

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