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(영문) 대전지방법원서산지원 2017.07.12 2016가단2828

손해배상(기)

Text

1. The Defendant paid KRW 3,608,00 to the Plaintiff KRW 5% per annum from November 20, 2014 to July 12, 2017.

Reasons

1. Facts of recognition;

A. On May 16, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff on a fixed period of KRW 150 million from June 21, 2014 to June 20, 2015 with respect to D gas stations located in Pyeongtaek-si, the Plaintiff owned (hereinafter “instant gas stations”). The instant lease agreement was concluded on November 20, 2014, and on December 8, 2014, the Plaintiff returned the remainder of the lease deposit after deducting KRW 7 million from tank cleaning expenses, etc.

B. On December 1, 2016, the Defendant was sentenced to a fine of three million won for the following facts constituting the crime (U.S. District Court Decision 2016No269). The Defendant dissatisfied with this decision is still pending in the appellate court (U.S. District Court Decision 2016No9013) as of the date of closing argument after filing an appeal.

[Defendant (Defendant in the instant case) destroyed the wall surface of a storage tank No. 1, 2, and 3, all of the storage tanks laid underground, to be used as a storage tank (the Plaintiff in the instant case without obtaining the Plaintiff’s permission, and the wall surface of the gasoline storage tank No. 2, the wall surface of the second storage tank, the wall surface of the storage tank No. 3, and the wall surface of the storage tank No. 2, the storage tank No. 50cm wide, the vertical length of about 1, 2, and 3, and the store tank No. 1, 2, and 3 are connected to the storage tank No. 1 and 3 through piping.

In order to continue to operate gasoline 2, which is linked to the storage tank 2 times, the Defendant destroyed by melting the pipe connecting the gasoline storage tank and the gasoline 2 times above the ground by closing it.

Accordingly, the defendant's repair cost is equivalent to 3.6 million won.