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(영문) 서울고등법원 2016.08.26 2015나2049888
손해배상(기)
Text

1. The part against the Defendants in the judgment of the court of first instance is revoked, and the Plaintiff’s claim corresponding to the above revocation part is revoked.

Reasons

1. Basic facts

A. On March 31, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B as follows with respect to the three-story building on the ground D of Suwon-si, Suwon-si, the Plaintiff owned (hereinafter “instant building”). Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) jointly and severally guaranteed the Defendant B’s obligations under the instant lease agreement.

Article 1 The plaintiff shall lease the land and buildings indicated below, which he owns, to the defendant B, and the defendant B shall lease them.

The location of land: The location of the building with D 1,326.8 square meters in Suwon-si, Suwon-si: The entire defendant B of the second floor of the building scheduled to be reconstructed on the above site shall exercise overall control over the reconstruction (including the removal of existing buildings) of the building with the third floor steel framed in the above site, and the construction cost necessary for the authorization, permission and remodeling shall be borne by the defendant B.

After the completion of a building, Defendant B uses the whole of the second floor, and the third floor shall be reconstructed so that it can be expanded, and the whole building shall be used by the Plaintiff.

Provided, That the third floor shall be borne by Defendant B only for the minimum construction work necessary for the completion of construction, and the indoor tamper for the business shall be borne by the Plaintiff.

In addition, Defendant B must trade name E and can not use other trade names.

Article 2 The term of lease shall be eight years from August 1, 2010 to July 31, 2018, which is the scheduled date for commencement of business, in consideration of the design and construction period of buildings after concluding a contract.

Article 3 Rent shall commence with KRW 8 million per month (excluding surtax; hereinafter the same shall apply) without a deposit, and shall commence with KRW 10 million from August 1, 201, and 2012

8. From January 1, 200 to 12 million won, from August 1, 2014 to 14.4 million won, and from August 1, 2016 to 1,7280,00 won shall be adjusted and paid.

In addition, monthly rents shall be paid in advance each month and the initial date of rents shall be applied after the completion of a building.

Article 4 (1) 1 of the Contract Deposit shall be paid in advance to the Plaintiff the annual rent of KRW 96 million, but the remainder shall be paid 50% at the time of the contract and 50%.

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