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(영문) 서울고등법원 2016.06.01 2015나27196
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the Defendant ordering payment to the Plaintiff in excess of KRW 513,698.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a lease agreement with B on April 17, 2007, as well as Ansan-si C (hereinafter “C”) during the period of Ansan-si.

(2) On November 30, 2007, the Plaintiff and B provided a convalescent hospital with the name of “D” on the following occasions: (a) from April 17, 2007 to April 17, 2012; (b) from April 17, 2007, KRW 4,350,000 per month; (c) monthly management fees (excluding value-added tax and electricity charges, gas charges, and water supply and sewerage charges); (d) from around that time, B provided a convalescent hospital with the name of “D”; (b) from around that time, the Plaintiff provided a lease agreement with the Defendant and B on the first 7 and the 8th 8th 207 : (c) from November 30, 2007 to KRW 100,000; and (d) from November 30, 2007 to KRW 130,000,000 per each of the instant lease agreements with the Defendant’s and B 4th 305,030,05.

3) On December 28, 2011, the Plaintiff agreed to extend the lease term of the 7, 8th floor lease agreement between B and B by November 30, 2012, which is the same as the expiration date of the 4th floor lease agreement. (b) On June 28, 2012, the Defendant and B notified the Plaintiff that “D” and “E” would be discontinued. On August 28, 2012, the Defendant and B returned the key of the 4, 7, and 8th floor to C’s custodian, and delivered each leased object by returning the key of the 4, 7, and 8th floor. C. The outcome of the lawsuit between the Plaintiff and B (hereinafter “related civil lawsuit”).

(1) On September 28, 2012, B filed a lawsuit against the Plaintiff seeking the return of deposit and unjust enrichment under each of the instant lease agreements with the Seoul Central District Court (2012Gahap82553), and the Plaintiff filed a counterclaim against B on May 8, 2013 during the said lawsuit against the Plaintiff, seeking overdue rent, restitution costs, and damages.

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