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(영문) 서울고등법원 2018.05.02 2017나2043488
손해배상(기)
Text

1. The judgment of the first instance, including the Plaintiff’s claims added or expanded by this court, is as follows.

Reasons

1. Basic facts

A. On June 25, 2014, the Plaintiff is a corporation established for the purpose of the Japanese-style and Korean-style restaurant operation business.

B. Since May 21, 2003, the Defendant, C, and D (hereinafter “the Defendant, etc.”) shared each of the shares of 57.81/892.5 square meters (hereinafter “instant land”) in Gangseo-gu Seoul Metropolitan Government Eroposite 892.5 square meters (hereinafter “instant land”), 167.345/892.5, 167.345/8925, and since February 20, 2008, the four-story neighborhood living facilities building (hereinafter “instant building”) in the ground reinforced concrete structure were jointly owned by 30/48, 9/48, 9/48, and 9/48 shares.

C. Around July 4, 200, the representative director I of the Plaintiff: (a) around July 4, 200, the Defendant, C, and K, the owner of the instant land at the time of the instant land, set the term of lease from the Defendant, C, and K for seven years from December 5, 200, which was the completion date of the instant building.

Afterward, on December 16, 2007, the wife H leased the instant land and buildings from the Defendant, etc. (hereinafter “instant real estate”) as the lease deposit amount of KRW 300,000,000,000, monthly rent of KRW 28,000,000 (excluding value-added tax) and the lease term of KRW 16,00 from December 16, 2007 to December 15, 2010.

H operated the frequency of “G” in the instant building with the trade name “G.”

On June 25, 2014, the Plaintiff leased the instant real estate from the Defendant, etc. by setting the lease deposit amount of KRW 300,000,000, monthly rent of KRW 28,000,000 (excluding value-added tax) and the lease term from June 16, 2014 to June 15, 2017.

(hereinafter “instant lease contract”). Article 3 (Period of Lease Contract) Contract shall be 36 months from June 16, 2014 to June 15, 2017, and he/she shall not be reappointed after the expiration of the contract period.

Article 5 (Liability for Taxes, Taxes, and Other Charges) The Plaintiff shall pay without delay all taxes and public charges incurred during the business of the leased object, such as water rates, electricity rates, gas rates, telephone rates, etc., and shall also bear additional expenses, such as administrative fines related to the business.

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