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(영문) 서울고등법원 2019.09.06 2018나2039127
임대차보증금반환 등
Text

1. The judgment of the court of first instance (excluding the part of rejection of a lawsuit) is modified as follows.

The defendant shall pay to the plaintiff KRW 269,325,778.

Reasons

1. The court of first instance rejected the part demanding payment of KRW 20,052,30 among the claims for return of the lease deposit of this case. The plaintiff partly accepted the plaintiff's claim for return of the lease deposit and the claim for damages due to non-performance of obligation, and dismissed the remainder of the claims. The plaintiff appealed only against the dismissed part of the above claims (the dismissed part was not appealed) and the defendant appealed as to the cited part of the above claims. Thus, the court of first instance retired by the court of first instance (the part demanding payment of KRW 20,052,30 among the claims for return of the lease deposit of this case) and the remaining claims of this court are the scope of the judgment of this court.

2. The reasoning for this Court’s explanation is as follows, and this part of the basic facts is the same as “1. Basic Facts” of the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act.

Part 4 8 states "," and the above sub-section 8, which is the non-registered part of the second underground floor, is "the second underground floor of this case".

Under the 5th page, the 2nd administration “for the progress” shall be “for the progress”.

No. 6. The 2. Esponsive facility shall be improved to "fire-fighting system department".

Part 6, " October 13, 2013" in Part 16 shall be changed to " October 23, 2013".

On the 6th page 18 to 19, the following shall be added to the "joint and several liability":

On December 20, 2013, the Plaintiff and G entered into the instant lease agreement with the following purport: “The monthly rent for the part of Article 2 of the instant lease agreement shall be calculated from December 2, 2013; shall be paid on the second day of each month; the monthly rent shall be paid on February 2, 2014; and the monthly rent shall be paid on the second day from March 2, 2014; and the normal payment shall be made from March 2, 2014. The contents of the instant lease agreement, which was not modified by the instant amendment, shall remain effective during the term of the contract.”

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