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(영문) 서울고등법원 2017.05.12 2016나2075785
가설재 임대료 및 멸실대금청구의 소
Text

1. The part of the judgment of the court of first instance against the plaintiff falling under the subsequent order of payment shall be revoked.

The defendant.

Reasons

A. As to the delayed payment of rent from November 2009, the Plaintiff’s notice of termination of the contract was terminated on November 14, 2013.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount equivalent to the rent for 1,481 days from November 2009 to November 20, 2013 for each temporary material of this case in the amount equal to the above quantity.

In addition, upon the termination of the instant contract, the Defendant has the obligation to repay each of the above temporary materials to the Plaintiff. Since the Plaintiff did not repay the said temporary materials until November 20, 2013 as determined by the Plaintiff, it is obligated to pay the amount equivalent to the market price of each of the instant temporary materials to the Plaintiff in lieu of the repayment thereof.

The rent and unit price of each of the temporary materials of this case shall be as shown in Table 3.

Therefore, the defendant is obligated to pay to the plaintiff KRW 606,40,490 calculated as follows.

See Table 5 14,00 0 14,640 1,640 7,00 11,00 7,00 70 1,640 7,60 7,00 11,640 7,00 11,04, 222,644, 60 12, 307 127,514, 100 127, 100 127,100 127, 100 127, 100 10, 200 1230, 200 1230, 200 123,00 123,50 250, 250, 514, 510 104, 307, 30940, 107, 307406, 1094

However, the related criminal judgment of this case, which states that part of the lease is false, has become final and conclusive, and if the lease is false, the adjusted part as repayment is also false as much as it corresponds to the amount of false lease.

Therefore, it is true.

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