(영문) 서울중앙지방법원 2019.12.11 2018나73586

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.12.11 2018나73586

건물

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Quotation of the first instance judgment

A. The contents asserted by the plaintiffs against the defendant in this court and the contents asserted by the defendant against the plaintiffs in the first instance court are not different, and even based on the evidence submitted in the first instance court and the evidence submitted in this court, the first instance judgment seems legitimate.

B. Therefore, the reasoning of the judgment of the court in this case is as follows. Paragraph (3) is the same as the reasoning of the judgment of the court of first instance, except for further determination as to the part of the judgment of the court of first instance, which is emphasized by the plaintiffs in the trial. Thus, the reasoning of the judgment in this case is cited in accordance with the main sentence of Article 420

2. On the second page of the judgment of the court of first instance, the second page "the instant case" shall be deemed to be "the instant case".

If the first instance court’s judgment No. 4, 5,500,000, “the remaining amount of KRW 59,500,000” written from No. 5 to 6 is deemed as “the remaining amount of KRW 49,50,000 (=59,500,000)”.

No. 7 of the first instance judgment, No. 6 of the first instance judgment, "the lease price of this case" is deemed "the lease contract of this case".

On the 8th page of the first instance judgment, “the lease price of this case” is regarded as “the lease contract of this case”.

On the 8th page of the first instance judgment, the following is added.

【The remainder of KRW 10,00,000 that the Plaintiffs paid to the Defendant on February 6, 2017 ought to be returned to the Plaintiffs upon termination of the instant lease agreement. The phrase “205,50,000,000, which was already paid,” as stated in subparagraphs 8 through 9 of the first instance judgment, is deemed to read “the remainder of KRW 10,000,000, including the remainder of KRW 10,500,000.”

In the first instance judgment, the part of the judgment of the court of first instance stating that "the penalty shall be reduced to 120,000,000 won" in the 8th sentence is that "the penalty shall be reduced to 120,000,000 won including the balance that the defendant must return to the plaintiffs."

3. Additional determination

A. The plaintiffs' assertion is among the total rent of the instant lease agreement.

참조조문

-민사소송법 제420조

유사 판례

-서울중앙지방법원 2018.01.11 2017나54304

-대구고등법원 2017.04.05 2016나25585

-서울고등법원 2018.07.11 2018누41572

-부산지방법원 2019.06.14 2018나52235

-서울고등법원 2020.11.27 2019누38429