logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.05.26 2014나6459
손해배상(기)등
Text

1. Of the part against Defendant C in the judgment of the first instance, the following additional payments are the amount to be ordered:

Reasons

1. The reasons for the court's explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance, except for addition or replacement of each of the following items among the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 10, Chapter 16 and Chapter 15, as follows: “The following parts shall be added.”

Meanwhile, the Plaintiff asserts to the effect that the damages equivalent to the rent that the Plaintiff suffered are KRW 2,200,000 ( KRW 4.2 million x 2.3 years x 3 years) for three years. However, in full view of the purport of the entire pleadings in the statement in the evidence Nos. 10-1 and 3, the total rent during the lease term of the building No. 102 is KRW 3.8 million (including management expenses) and the total rent during the lease term of 105 is KRW 4.2 million (including management expenses), and the total rent during the lease term of the building No. 105 is KRW 4,20,000 (including KRW 2,000), and the amount of damages equivalent to the Plaintiff’s rent is calculated as KRW 3.6 million and KRW 4,250,000,000,000,000 for each of the instant building’s claim for the remainder of the lease term of the building No. 102.3 million and each of the Plaintiff’s claim for damages.

Since the plaintiff's above assertion is a sum of KRW 22,80,000 for three years, it cannot be accepted.

On the other hand, the plaintiff's assertion does not include management expenses in the amount of rent for each lease contract of 102 and 105 of the original building of this case. The defendant C altered each lease contract with the content of management expenses of 200,000 won at will. Therefore, in calculating the amount of damages corresponding to the rent, it is necessary to apply the actual amount of rent which has not deducted management expenses, taking this into account.

arrow