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(영문) 서울고등법원 2014.11.21 2013나67695
손해배상(기) 등
Text

1.The judgment of the first instance shall be modified, including a claim for a counterclaim that has been modified at the trial as follows:

Reasons

1. Basic facts

A. On November 12, 2007, the Plaintiff entered into the instant lease agreement with G on behalf of the Defendants and the Defendants’ joint ownership (hereinafter “instant store”) with a special agreement on KRW 50 million per deposit, KRW 3,500,000 per month (in advance payment on November 14, 2007), and the period from November 14, 2007 to November 13, 2009 (hereinafter “instant lease agreement”). The main contents are as follows.

1. A separate surtax;

4. Facilities, etc. installed by a lessee (facilities for septic tanks and business) shall not be claimed to a lessor for compensation as beneficial expenses, etc. when the lessee is a director;

5. If a lessee wishes to enter into a contract with a new lessee during the lease period, the lessor shall enter into the lease contract under the same conditions;

6. Cooperation without delay shall be made with respect to the documents necessary for change of use and authorization or permission.

8.In the event of re-contract after two years, the rent shall be increased by 3.50,000 won.

10. The restoration to the original state upon voluntary closure of business shall be gratuitously reverted to the owner of the building.

B. Upon the termination of the instant lease agreement, the Plaintiff entered into the instant lease agreement and entered into a test at the above store on a monthly price (the interior period was agreed to exempt the Plaintiff from the obligation to pay rent), and “H” was engaged in restaurant business in its trade name, and the instant lease agreement was renewed on November 14, 2009.

However, even though the Defendant was unable to conduct the restaurant business due to the continuous leakage in the store of this case, the Defendants neglected the duty to repair the said store, and the Plaintiff terminated the instant lease contract against the Defendants around April 15, 2013, and thereby, the said lease contract was terminated.

[Ground of recognition] A without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 and 10 evidence, each video of Gap evidence 2, and the court of first instance.

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