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(영문) 부산고등법원 2015.11.19 2014나3856
손해배상(기)
Text

1. All appeals filed by the plaintiffs and the claims expanded in the trial are dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On December 30, 200, the deceased Gap and the plaintiff Eul set the lease deposit amount of KRW 500,000,000, monthly rent of KRW 6,000,00, and the lease period of KRW 6,000, from January 1, 2001 to December 31, 2001 (hereinafter "the lease contract of this case"), and operated phrases and liquid sales stores from the lease object of this case.

B. On November 17, 201, the instant lease agreement was renewed annually, and the Defendant sent to the deceased and the Plaintiff on November 31, 201, proof that the contract is terminated on the grounds of the expiration of the lease term.

Since then, on December 31, 201, the deceased A, Plaintiff B, and the Defendant decided to extend the instant lease agreement from January 1, 2012 to June 30, 2013. On March 23, 2012, Busan District Court 2012, extended the lease agreement as above.

C. On May 24, 2013, the Defendant sent to the deceased Party a certificate to the effect that the contract should be terminated on the grounds of the termination of the instant lease agreement, and that the contract should be ordered by June 30, 2013. The deceased Party and Plaintiff B delivered the instant lease object to the Defendant at the time of the termination of the instant lease agreement.

The deceased A and Plaintiff B, as a new lessee of the leased object of this case, requested E to provide premium for a facility installed during the lease period of this case and received KRW 65,000,000 in total from E on July 2, 2013 and KRW 65,000,000 on July 15, 2013.

E. On August 8, 2014, the deceased on August 8, 2014, there is Plaintiff H, Plaintiff I and J, who is his spouse as his heir.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 8, Eul evidence 1 to 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

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