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(영문) 광주고등법원 2014.12.26 2013나4721

손해배상(기)

Text

1. Plaintiffs 2, C, D, and E with respect to the judgment of the first instance court, which correspond to the following amounts:

Reasons

1. On November 30, 2006, I entered into a lease agreement with Defendant B to lease a deposit of KRW 200 million and KRW 200 million on a monthly rent of KRW 20 million (excluding value-added tax) (hereinafter “pre-sale lease agreement”), and around that time, he paid the above Defendant a deposit of KRW 200 million. The main contents of the above lease agreement (a special agreement) are as follows.

1. The term of lease shall be from December 1, 2006 to November 30, 2007 (one year);

Provided, That one month prior to the expiration of the term of lease shall be deemed to have been extended for one year under the same conditions, unless one of the parties has notified the expiration of the contract (in writing).

2. The rent paid monthly to a lessor shall be paid from the month in which the business is commenced;

4. The use for the leased site shall be used for the manufacture and shipbuilding of vessel parts;

5. A lessee shall not install a fixed structure (including a building) on the ground in the leased site (Provided, That if it is necessary to install a fixed structure, the lessor’s consent shall be obtained); 6. When a lessee requests to use it for sale and purchase, manufacture of vessel parts, and construction due to the circumstances of the lessor during the lease term, the lessee shall be ordered to do so;

(Provided, however, on December 13, 2006, I established a plaintiff for the purpose of shipbuilding, shipbuilding, vessel parts, design, etc. (the representative was finally changed to L through K, L, I, etc.) in order to conduct the vessel parts manufacturing business, etc. in the above leased site. On March 8, 2007, I registered the business in the Posium (the representative was finally changed to L), and applied for approval for the establishment of a factory in the name of the plaintiff in the name of the plaintiff around March 8, 2007.

On the other hand, Defendant B, while managing M Co., Ltd. (hereinafter “M”), has deteriorated the financial situation while promoting industrial complex development projects (M is a project to build a shipbuilding yard) in the Jeonnam-gun N of Youngnam Cancer.