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(영문) 서울고등법원 2018.11.23 2018나2004305
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 308,000,000 and KRW 70,000 among them.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following changes:

In the 8th judgment of the first instance court, "the result of this court's entrustment of appraisal to appraiser H" shall be changed to "the result of the court's entrustment of appraisal to appraiser H of the first instance court".

The 8th judgment of the first instance shall be amended from the 15th to the 5th judgment as follows:

D. Article 10-4 of the Restrictions on Commercial Building Lease Act provides that the opportunity to recover the premium shall be guaranteed to the lessee in order to prevent infringement of the expenses invested by the lessee or the designation or economic benefits formed as a result of the business activities conducted by the lessee by the cancellation of the lessor's contract and the rejection of the renewal thereof. In light of the legislative intent of the above provision, etc., it is reasonable to view that the court may reduce the amount of the above amount

In full view of the facts acknowledged earlier and the purport of the entire pleadings, the following circumstances: (i) the Plaintiff did not pay the money under the name of the premium to anyone at the time of receiving the instant store; (ii) the provision on the protection of opportunity to recover the premium under Article 10-4 of the Commercial Building Lease Act was newly established on May 13, 2015; and (iii) the instant lease agreement was concluded before the aforementioned provision was newly established; (iv) the assessment value of the tangible property out of the premium for the instant store was 24,970,000 won; (iii) the assessment value of the premium for the instant store was more than 379,520,000 won; and (iv) the Plaintiff’s actual operation period at the instant store was less than 2 years; and (v) the Plaintiff did not know the Plaintiff’s business facility expenses or the Plaintiff’s client, customer, business credit, and business credit formed by his efforts during the lease period.

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