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(영문) 광주지방법원 목포지원 2018.02.09 2016가단8891

손해배상(기)

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On September 6, 2013, the husband C, representing the Defendant, concluded a lease contract (hereinafter referred to as “instant lease contract”) with the Plaintiff, respectively, with approximately KRW 1,200 per annum, 3,50,000 per annum, and three years (which may be extended from October 1, 2013 to October 1, 2016, and under mutual agreement between both parties at the expiration of the three-year period), respectively, on the following terms: (a) the Plaintiff was a vinyl D and E (hereinafter referred to as “instant vinyl”) located on the ground of the instant land owned by the Defendant, Naju-si and E (hereinafter referred to as “instant site”).

B. At the time of the conclusion of the instant lease agreement, the Plaintiff purchased all the original breeding facilities installed inside the instant vinyl from F, which had been the former lessee of the instant vinyl in KRW 15,00,000.

C. The Plaintiff, around 2015, is a facility that supplies G with water from the original stack, according to the Plaintiff’s statement (Evidence No. 10) to H around May 2015, in the instant vinyl house, the luminous and the opening and closing machine construction on the instant vinyl house, and around May 2015, it is a facility that supplies water from the original stack to H.

In 2016, the construction has been ordered to the defendant, and 3,500,000 won has been paid to the defendant.

Meanwhile, in the area of Jeonnam-si, where the instant vinyl was located, snowd from December 2015 to February 2016.

greens were repeated, and due to the heavy snow in January 2016, the parts of steel frame forming the bones of the instant vinyl have been slicked.

E. C, along with I (a person who leases a vinyl in the instant vinyl to the Plaintiff) and began to remove a vinyl house owned by J from around 09:00 on August 13, 2016, which was adjacent to the instant vinyl house, without the Plaintiff’s consent.

F. In August 2016, the Plaintiff: “I and C have lost the original livestock products, etc. owned by the Plaintiff in the instant vinyl and the neighboring vinyl.”