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(영문) 청주지방법원 2016.07.12 2014나11322 (1)

손해배상(기)

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. At around 2006, the CheongchoND Co., Ltd. (hereinafter “CheongchoD”) was running the business of newly building and selling buildings on the land located in Kui-gu, Young-gu, Cheongju and D, and took out business funds from the National Federation of Fisheries Cooperatives. Around that time, the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) entered into an agency agreement with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on behalf of providing the said land and new building as security.

B. On October 1, 2008, Scendi entered into a lease agency service contract with G Co., Ltd. (hereinafter “G”) and E (hereinafter “instant building”) with respect to the building newly built on I land and delegated G with the duties of reporting the lease of the said building, the current status of the lease, and other duties as instructed by Scendi regarding the lease of the said building.

On December 29, 2009, G entered into an additional agreement that extends the term of the above term of the lease agency service contract by six months consecutively. On December 29, 2009, after the Defendant assumed office as the representative director of G, G entered into an additional agreement that extends the term of the above term of the contract with the Cheongmandi for three years.

C. Around July 2009, Korea Asset Trust set the lease term of Nos. 707, 708, and 709 (hereinafter “instant real estate”) from July 15, 2009 to July 14, 201 with respect to E-building Nos. 707, 708, and 709 (hereinafter “the instant real estate”) among E-building No. 1 (However, it may be extended for three years at the lessee’s request for extension) and the total lease deposit of KRW 23,040,00 (i.e., KRW 7078, 708,740,000) (i.e., KRW 709,200,000 and KRW 700,000) as the lease deposit.

On the other hand, the Korea Asset Trust proceeds with respect to each household among the instant buildings, as the Cheongmandi did not repay loans to the National Federation of Fisheries Cooperatives. Article 3(8) of the Public Auction Notice is liable to return the lease deposit for the real estate subject to public sale.

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