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(영문) 서울고등법원 2019.10.02 2018나2044006
기타(금전)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is the plaintiff H, I, J, K, L, M, N, P, Q, R, T, U, V, W, X.

Reasons

1. Under the main sentence of Article 420 of the Civil Procedure Act, the reasoning for this part of this Court is as stated in Paragraph 1 of the reasoning of the judgment of the first instance except for the second instance as follows.

The attached Form of the judgment of the first instance court is changed to that attached to the judgment.

The following shall be added at the end of the fourth page of the judgment of the first instance (the power of attorney).

Article 12 (Termination and Rescission of Contract and Liability)

3. Where any act falling under any of the following subparagraphs has been committed, A may cancel or terminate a contract, and one responsible for compensating for the damages therefrom shall be borne by him/her:

1) If Party A and Party B refuse to exercise the other party’s legitimate right or cause property damage on purpose or by gross negligence, and if Party A and Party B are clearly acknowledged to have been unable to achieve the purpose of the contract due to a serious cause attributable to Party B and Party B, Party B and Party B are deemed to have obstructed the lease management due to the cause attributable to Party A and Party B, Section 5-8-9 as follows. On the other hand, Party B and Party B demand termination of the contract. Meanwhile, each of the Plaintiffs’ agreed monthly payments for fixed rents under the lease management delegation contract of this case, the amount of the fixed rent already paid by the Defendant to the Plaintiffs (the amount of the fixed rent, the amount of the fixed rent, and the amount of the fixed rent already paid by the Defendant to the Plaintiffs (the fixed payment date, March 31, 2016) is as stated in the corresponding column 3.2. According to the above determination on the cause of claim, the Defendant is obligated to pay each of the Plaintiffs for the change of the terms of the lease management delegation contract of this case as stated in the claim No. 3.

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