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(영문) 부산고등법원 2018.10.25 2017나58529
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds asserted by the Plaintiff and the Defendants in the first instance judgment are not significantly different from the allegations by the parties in the first instance trial.

The reasoning of this Court concerning this case is as follows, in addition to the reasoning of the judgment of the court of first instance concerning the grounds for the plaintiff's repeated assertion, the following facts are the same as the reasoning of the judgment of the court of first instance. Thus, this Court shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. 1) The Plaintiff is a company established on May 12, 2015 for the purpose of housing construction project, real estate execution, sales agency business, etc. (2) The instant lease agreement and the confirmation and explanatory note of the object of brokerage indicate the use of the 3 and 4th floor of the instant building as “living facilities,” and this is consistent with the purpose of actual use and approval.

3) In the confirmation and explanatory note of the object of brokerage, the actual purpose of the Plaintiff’s lease of the 3 and 4th floor of the instant building is indicated as “construction office (Housing Promotion Office)”. 4) The Plaintiff agreed to pay the monthly rent of KRW 10 million in advance on the 15th day of each month from the instant lease agreement. The Defendant lessor was subject to the Plaintiff’s delay in payment, but revoked the lease agreement.

5) On October 19, 2015 and November 11, 2015, the Plaintiff delayed the payment of the instant rent, and on November 19, 2015, the Defendant lessor notified the Plaintiff that “on November 19, 2015, the lease contract will be immediately terminated when the monthly rent, etc. is not paid until the said month.” On December 16, 2015, the Defendant lessor filed a lawsuit against the Plaintiff on December 16, 2015 against the Plaintiff for the reason that the instant lease contract was terminated and the delivery of the leased object was sought.

(Seoul District Court Jinwon Branch 2015Gahap1642). The above court did not pay a monthly rent from October 2015 to the plaintiff, thus failing to pay two or more rents, and the defendant.

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