beta
(영문) 수원지방법원안산지원 2016.10.05 2015가단100280

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 43,884,00,000 and their related thereto from February 28, 2014 to October 5, 2016.

Reasons

1. The following facts may be acknowledged in light of Gap evidence 2 to 4, Gap evidence 7, Eul evidence 9, Eul evidence 10, Eul evidence 2 to 1-2, Eul evidence 2, Eul evidence 5, Eul evidence 1 to 2, Eul evidence 2, Eul evidence 3-1 to 3, Eul evidence 3-1 to 3, Eul evidence 3-1 to 3, and Eul evidence 3-1 to 3, and the whole purport of arguments as a whole.

D On May 16, 2013, the building F (G) 204 (hereinafter “instant store”) located in Ansan-si, Ansan-si (hereinafter “E”) owned by E was leased and used to build a danran bar to receive premium in excess of the premium. Defendant C lent money to D, the tenant of the instant store was the tenant, and Defendant B lent KRW 10 million to D as a licensed real estate agent operating the H Licensed Real Estate Agent’s Office located in Ansan-si, Ansan-si.

B. On January 8, 2014, the Plaintiff entered into a commercial monthly lease agreement (hereinafter “instant lease agreement”) between Defendant B and E, the owner of the instant store, with respect to the instant store, between KRW 20,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000

C. At the same time, at the instant lease agreement, the Plaintiff entered into a contract with Defendant C to pay KRW 17 million as premium to Defendant C, including the facility cost of the Defendant’s entertainment bar in the instant store (hereinafter “instant contract for transfer of rights”). D.

However, although the store of this case had a private teaching institute within 20 meters of the same floor and it was a place where it is impossible to permit the establishment and operation of private teaching institutes and extracurricular lessons pursuant to the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons, the above D applied for the modification of the indication of the store of this case after renting the store of this case, and therefore, on May 31, 2013, the use of the store of this case is in the building ledger of the store of this case.