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(영문) 서울고등법원 (인천) 2021.03.25 2020나11849
임대차보증금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The Plaintiff’s selective claims added to this Court.

Reasons

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

(10) The plaintiff does not require the defendant to bear all the premium, beneficial cost, etc. for commercial buildings.

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

(12) The plaintiff shall subscribe to indemnity insurance and liability insurance for the safety management of the leased building (such as fire, theft, liability, etc.).

The plaintiff is responsible for personnel accidents and economic losses caused by neglecting this.

(13) The plaintiff shall be held responsible for the damage and repair of facilities inside a swimming pool caused by the plaintiff's intentional or negligent negligence during the lease period, during the use of the facilities, etc.

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

* At the same time, 55 million won shall be paid to the Plaintiff.

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

Of the special terms and conditions of the instant lease agreement, the contents of this case are as follows.

[....]

B. On the third page 2 of the judgment of the court of first instance, the following shall be added.

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

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

The expenses paid by the plaintiff to the defendant shall be refunded except for membership expenses when the contract expires at the expiration of the original contract.

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

[....]

C. On the 3th page 7 of the judgment of the first instance court, “Evidence A Nos. 1 through 3” was “Evidence A”, and “the necessary cost” of the 3th page 12 was “the necessary cost or the necessary cost.”

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