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(영문) 서울중앙지방법원 2016.12.29 2016가단5225424

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 2, 2013, Plaintiff A entered into a lease contract with the Defendant Ansan Urban Corporation on a yearly rent of KRW 47,889,900, and the period of use of public property from December 5, 2013 to December 4, 2016, with respect to stores and stores managed by Defendant Ansan Urban Corporation within the E (a approximately KRW 6.30,00 square meters) located in Ansan Urban Corporation, which are public property managed by Defendant Ansan Urban Corporation. Plaintiff A entered into a lease contract with the Defendant Ansan Urban Corporation and operated the stores and stores at the above places.

B. On June 25, 2013, Plaintiff B entered into an agreement on the operation of convenience facilities and consignment with the Defendant Gyeonggi Cultural Foundation on a three-year period from July 1, 2013 to June 30, 2016, with respect to the part on the first floor Kapetia of G building, which is a public property managed by the Defendant Gyeonggi Cultural Foundation in E, with the sales amount of KRW 25.1% (minimum guarantee amount: KRW 50,700,000 per annum) of the sales amount, and operated coffee at the said place.

C. On January 3, 2014, Plaintiff C entered into a public property lease agreement with the Defendant Ansan Urban Corporation for a period of three years from January 14, 2014 to January 13, 2017, with respect to general restaurants, which are public property managed by Defendant Ansan Urban Corporation in the E, for which the annual rent of KRW 72,378,90, and the period of use of public property was three years, and operated at the said place.

On April 16, 2014, the Central Disaster and Safety Countermeasure Headquarters established a government joint decentralization in E from April 29, 2014, operated Ansan City, and Gyeonggi-do supported its operation.

E. On January 4, 2016, Plaintiff A agreed to reduce or exempt the rent of 30% (the sales amount in 2014 shall be reduced by 53% compared to the previous year) for the period during which Defendant Ansan Urban Corporation and the branch office maintenance period were maintained, and upon cancelling the said lease contract, Plaintiff A paid KRW 70,335,590 to Defendant Ansan Urban Corporation around January 19, 2016, and Defendant Ansan Urban Corporation refunded KRW 27,920,470, the rent of which was reduced by 30% pursuant to the said agreement to Plaintiff A around January 25, 2016.

F. On June 30, 2016, Plaintiff B on the Defendant Gyeonggi Cultural Foundation and coffee store.