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(영문) 광주고등법원 (제주) 2018.11.21 2018나10052
손해배상(기)
Text

1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relevant Plaintiff is a stock company with the purpose of processing and selling livestock products, and the Defendant is a stock company with the purpose of freezing warehouse business, and is the owner of the building listed in the attached Table (hereinafter “instant building”).

B. 1) On August 1, 201, the Plaintiff entered into a lease agreement with the Defendant on August 1, 201, in order to keep freezing imported meat, etc., the 2nd freezing warehouse 123.12 square meters in the following order: (a) the attached drawings indication 1, 2, 3, 4 and 1 of the three floors of the instant building; and (b) the 2nd freezing warehouse 123.12 square meters in the same order: (a) the freezing storage area is 165.4 square meters in the lease agreement; (b) the area including the common area; and (c) the

hereinafter “this case’s freezing warehouse”

(C) As to the term “instant lease agreement” (hereinafter referred to as “instant lease agreement”), the term of the lease agreement between August 1, 201 and July 31, 2012 (hereinafter referred to as “instant lease agreement”).

The main contents of the instant lease agreement are as follows. The leased object and rent for lease leased by Article 1 (Lease Property and Rent) A (Defendant) to B (Plaintiff) are as follows: The address of the area of the storage temperature in the Gu (one-year aggregate) - Article 3 (Attachment to VT), Article 3 (Attachment to VT), Section 1, the repair of the building and freezing facilities for the leased object shall be borne by A. ② The cost of the repair of the facilities due to the care of B is borne by B. Article 5 (Management of the leased object ① the maintenance and management obligation of the said leased object is owed to A.

(2) Eul shall perform his/her duty in good faith in managing leased objects and shall maintain clean conditions at all times by paying attention to the temperature control and cleaning of warehouses.

(3) A shall perform the work of cutting off or unloading a product B at a freezing warehouse which is the object of the lease.

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