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(영문) 수원지방법원평택지원 2017.09.05 2016가단5585

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 11, 2013, the Plaintiff entered into a lease agreement with the Defendant regarding KRW 80,000,000, monthly rent, KRW 7,500,000, and KRW 3 years from August 1, 2013 (hereinafter “instant lease agreement”) with regard to the land of Pyeongtaek-si C Miscellaneous land owned by the Defendant, which is KRW 17,177.9 square meters (hereinafter “instant land”).

B. The instant land entered into an occupancy contract with the Korea Industrial Complex Corporation, a management agency, to move into the instant land, which belongs to a national industrial complex. The Plaintiff was sentenced to a fine of KRW 3,000,000 due to facts constituting a violation of the Industrial Cluster Development and Factory Establishment Act, which committed a logistics business by leasing the instant land from the Defendant without concluding a occupancy contract with the Korea Industrial Complex Corporation.

[Reasons for Recognition] The entry of Gap evidence Nos. 1, 2, 6, and 7 and the purport of the whole pleadings

2. The plaintiff's assertion did not explain that the contract for occupancy should be entered into with the Korea Industrial Complex Corporation while entering into the instant lease agreement with the plaintiff. After issuing a corrective order with the Korea Industrial Complex Corporation ordering the plaintiff to withdraw from the land of this case, the plaintiff intended to withdraw from the land of this case, but the plaintiff did not withdraw from the land of this case because the defendant did not return the lease deposit, and the defendant's director D had proved that the lease contract of this case was actually entered into in the criminal procedure.

Thus, the plaintiff was sentenced to a fine of KRW 3,00,00 for the violation of the Industrial Cluster Development and Factory Establishment Act, and paid KRW 3,300,000 for the attorney's fees in the above case. The plaintiff sought a payment of KRW 6,600,000 for property compensation due to default or tort.

In addition, the plaintiff suffers from mental damage that the defendant suffered through investigation and trial due to the above illegal acts.