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(영문) 서울고등법원 (인천) 2021.03.25 2020나12071
차임지급 청구 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and the appeal.

Reasons

A. The Defendant is liable to preserve the original form of the leased object as of the date of commencement of the business until the expiration of the term, and the time of damage during use shall be repaired and used at the Defendant’s expense.

(10) The defendant does not require the plaintiff to pay the premium, beneficial cost, etc. for the commercial building in its entirety.

Provided, That only the amount for electric decomposition devices shall be recognized as premium.

(12) The defendant shall purchase a damage guarantee insurance and liability insurance for the safety management of the leased building (such as fire, theft, liability, etc.).

The defendant is responsible for the personnel accident and economic loss caused by neglect of this.

(13) The defendant shall be liable for the damage and repair of the facilities inside a swimming pool due to the failure or negligence of the defendant during the lease period, or the damage and repair of the facilities in the course of the use of the facilities.

(14) Additional facilities and installation expenses incurred in relation to the purpose of use by the defendant shall be borne by the defendant and restored to their original state upon the expiration of the period.

* At the same time as the remaining gold, 55 million won shall be paid to the defendant.

* When the contract expires, it shall be refunded except for membership expenses.

[....]

B. On the second page 12 of the judgment of the court of first instance, the following shall be added to the following:

[Matters] The term of the lease contract (from May 30, 2017 to March 31, 2018) is the defendant to repair and restore the equipment from the machinery room to its original condition.

The defendant shall pay charges for traffic congestion, environmental improvement charges, electricity, fire-fighting expenses, etc.

Plaintiff

Expenses paid by the defendant: The deposit shall be refunded except for membership expenses when the contract of KRW 55 million expires.

Matters related to the special agreement agreed during the extension of the above period shall be as follows:

[....]

C. Notice No. 17 of the first instance judgment No. 2 of the 2nd 2nd 17 of the 17th e.g., “A evidence (including a branch number; hereinafter the same shall apply)” as “A evidence No. 1 (including a branch number; hereinafter the same shall apply) and Eul evidence No. 39,” and “15,134,192 won” of the 3th e.g., 15,240,549 won among the closed closure damages (the Plaintiff.).

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