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1.The judgment of the first instance shall be modified as follows:
Among each of the instant lawsuits, from December 16, 2017 to June 14, 2018.
Reasons
1. The reasons for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the first instance, which is the same as stated in the main sentence of Article 420 of the Civil Procedure Act, since the same applies to the reasoning of the judgment of the first instance, which is obtained after deducting the parts used as
(However, the part of the first instance court's decision No. 18, No. 18, No. 18, No. 2, No. 2, No. 2, No. 2, No. 2, No. 3, and No. 3 shall be added as follows.
③ Furthermore, the Defendant asserts that since the Plaintiffs leased the instant real estate to O (hereinafter “O”) without installing the boundary partitions, the costs of installing the boundary partitions cannot be deducted from the lease deposit.
The lease contract stipulated the lessee's duty to restore to its original state and agreed that the lessee's expenses can be deducted from the lease deposit.
Even if a lessor leases each of the instant real estate to theO on March 21, 2018 without a lessor’s intention to restore it to the original state, the cost of restoration to the original state may not be deducted from the deposit for lease (see, e.g., Supreme Court Decision 2002Da52657, Dec. 10, 202). In full view of the fact-finding on each of the instant real estate items from No. 21 to No. 21-4, the Plaintiffs entered into a lease agreement with theO on March 21, 2018, that the Plaintiffs used the entire real estate in the instant case for restaurant (S subsidiary store) and auxiliary facilities. At the termination of the said lease agreement, theO agreed that the Plaintiffs return the entire real estate in the instant case to the state of delivery by removing the construction of internal and external facilities, and that theO did not install the boundary partitions, and that the Plaintiff used it without any boundary column from the time it received each of the instant real estate to the date of its delivery.