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(영문) 대구지방법원 안동지원 2018.09.13 2018가합3004

손해배상 청구 등

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1. The Defendant’s KRW 69,659,916 as well as the Plaintiff’s KRW 5% per annum from January 19, 2018 to September 13, 2018.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is an incorporated farming association that operates agricultural products, forestry products, forest products collection, processing, and sale, accommodation, restaurant business, etc. (2) The Plaintiff borrowed money from the Defendant before the Plaintiff. When the Plaintiff was unable to repay principal and interest, the Plaintiff transferred the ownership of each real estate listed in attached Forms 1 through 7 (hereinafter “first real estate”) to the Defendant on March 17, 201, under the pretext of payment in kind, and the ownership of each real estate listed in attached Forms 8 through 14 to C, who is the Defendant’s spouse.

B. On March 17, 2017, the Plaintiff entered into a lease agreement between the Plaintiff, the Defendant, and C on each of the real estates listed in the separate sheet between the Plaintiff and C (hereinafter referred to as “each of the instant real estates” by aggregating each of the said real estates.

(3) The agreement between the Plaintiff and the Defendant on the agreement to pay in advance the monthly rent for one year (hereinafter referred to as “instant lease agreement”) and the monthly rent for two years, deposit KRW 300 million (Defendant 20 million, KRW C10 million), monthly rent for ten million (Defendant 8 million, KRW C2 million), and the agreement between the Plaintiff and the Defendant to pay in advance the monthly rent for one year (hereinafter referred to as “instant lease agreement”).

(2) The Defendant, from June 15, 2017, directly occupied and used the real estate in attached Form 5 (hereinafter “instant bath building”) from around 15, 2017 to around 30 million won and the annual rent of KRW 120 million.

C. On September 19, 2017, the Defendant: (a) installed the electric facilities construction of the instant bath building (hereinafter “instant electrical construction”) to the Plaintiff on September 19, 2017.

) For B, from 9:30 to 14:00, the Plaintiff requested that the measures should be taken on the instant real estate, and the Plaintiff consented thereto. 2) From September 19, 2017 to 16:00, the transmission of the instant real estate was suspended from the Korea Electricity to 17:40, and after completion of work at the power distribution room of each of the instant real estate, electricity was re-entered from 17:40 to 17:40.

3 On September 19, 2017, the Plaintiff from the hotel accommodation around 22:30 Mours.