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(영문) 서울고등법원 2019.05.02 2018나2062042
위약금 청구
Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, KRW 50,00,000 against the Defendant-Counterclaim Plaintiff (Counterclaim Defendant).

Reasons

The reasoning of the judgment of the court of first instance as to this case is as follows. The defendant's assertion that the court added or emphasized part of the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance (excluding the conclusion part), and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 2nd to 20th of the first instance judgment are as follows.

A. The Plaintiff is a stock company F on May 21, 2013 (hereinafter referred to as “F”).

B) Between F and F, the Plaintiff’s lease agreement on the lease of the entire area of the first floor and the first underground floor (a total of 1,088 m2,00 square meters) (hereinafter “instant lease agreement”) among the 4th underground floors above that located in Seoul, Gangnam-gu and D land from F (hereinafter “instant lease agreement”).

(2) On December 16, 2013, the Plaintiff entered into a sublease contract (hereinafter “instant sublease contract”) with the Defendant, whereby the Plaintiff subleases part of the first floor and the second floor (a total of 520 square meters) on the ground (a total of 520 square meters) among the parts leased from F as above, among the parts leased from F, to the Defendant (hereinafter “instant sublease contract”), and the said sublease portion is “the instant real estate.”

(2) The following are added to the third 18th 18th 18th 10 judgment of the first instance judgment of the instant sub-lease contract.

In the event that Article 16 (Cooperation and Management of Construction of Facilities, beneficial Expenses, Required Expenses, etc.) (1) "B" intends to install new facilities or to alter or remove facilities installed in the whole building including the subject matter of sub-lease, it shall be constructed with the written consent of the lessor and the lessor (or the custodian designated by the lessor), along with the construction plan, construction drawings, etc., at the responsibility and cost of "B". The 5th 11th th 11th th th th th th th th th th th th th th th th th

The 7th to 18th of the first instance judgment are as follows.

“A) As seen earlier.”

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