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(영문) 서울중앙지방법원 2017.09.27 2017나635
손해배상(기)
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Facts of recognition;

A. At around 2001, Defendant D Co., Ltd. (hereinafter “Defendant D Co., Ltd”) developed the parking lot part of Jung-gu, Seoul, Jung-gu, Seoul, the first underground floor in F, and the third apartment building, which is the underground common use part of G Co., Ltd., which is the third apartment building, and newly established a number of stores on

B. On May 2002, Plaintiff A entered into a lease agreement between the Defendant corporation and the Defendant corporation with the terms of the lease deposit amounting to KRW 8,000,000, monthly rent of KRW 800,000, and the contract period of the lease of KRW 800,000, May 1, 2002 (hereinafter “instant lease agreement 1”).

Plaintiff

A at that time paid 125,00,000 won to the defendant corporation, including the above rental deposit amount of 8,000,000 won, in addition to the store development cost, facility cost, and market advertising fee separately required by the defendant corporation.

C. On May 2002, Nonparty H entered into a lease agreement between the Defendant corporation and the Defendant corporation under which H set the lease deposit amount of KRW 8,000,000, monthly rent of KRW 800,000, and the contract period of the lease from May 1, 2002 to December 31, 2002.

H At that time paid to the Defendant corporation the sum of KRW 125,00,000,00,000, including the above rental deposit amount of KRW 8,000 as well as the store development cost, facility cost, and market advertising fee separately required by the Defendant corporation.

Plaintiff B, the son of H, succeeded to the lessee’s status of the instant commercial building No. 2, the date of which H entered into with the Defendant corporation. On August 1, 2012, Plaintiff B, the date of which: (a) changed the lease deposit between the Defendant corporation and the Defendant corporation into KRW 10,50,000; (b) monthly rent KRW 700,00; and (c) the term of the contract from August 1, 2012 to July 31, 2013.

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