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(영문) 서울고등법원 2017.10.25 2016나2073208
손해배상(기)
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. Article 1(100 million won (in the event of a contract, the intermediate payment of KRW 10 million shall be KRW 10 million and the remainder of KRW 80 million shall be paid, respectively, on January 26, 2013, and March 30, 2013) of the conclusion of a lease agreement between the Plaintiff and the Defendant, the Defendant shall deliver the said real estate to the Plaintiff by March 30, 2013, while the period of lease shall be from the delivery date to March 30, 2015 (24 months).

Article 3 The plaintiff may not change the purpose or structure of the above real estate or sub-lease or provide security without the consent of the defendant, or use it for any purpose other than the purpose of lease.

Article 4 In the event that the plaintiff has failed to pay the rent more than twice or violated the provisions of Article 3, the defendant may terminate this contract.

[5] The rental period is 10 years from the date of the initial use, and the rent may be increased from two years after the date of the initial use. 6) The defendant approves the alteration of the building structure, and if the defendant desires to do so after the termination of the contract, the lease period shall be restored to its original state.

7) During the contract period, the Defendant approves the Plaintiff’s sublease contract. 8) The construction cost incurred when structural change is made shall be borne half by the Plaintiff and the Defendant respectively.

9) The value-added tax shall be separately imposed at the time of issuance of the tax invoice. (1) On January 2, 2013, the Plaintiff is the Plaintiff’s building A Dong-dong and Cdong Factory (hereinafter referred to as “A Dong-dong” and C Dong-dong (hereinafter referred to as “Cdong”) from the Defendant on January 2, 2013.

) A lease deposit of KRW 10 million and KRW 10 million per month of rent (the value-added tax was separately determined and leased; hereinafter referred to as “instant lease agreement”)

The main contents of the contract are as follows: (11) The payment date of the outstanding balance shall be changed to April 16, 2013, and the lease period shall be from May 16, 2013 to 24 months.

The calculation of rents shall be applied from May 16, 2013.

(The date of the first rent payment on June 16, 2013), written consent to sublease -.

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