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(영문) 서울중앙지방법원 2020.08.18 2019가단5304328

손해배상(기)

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 25,465,220 as well as 5% per annum from September 7, 2019 to August 18, 2020.

Reasons

1. Basic facts

A. The Plaintiff is operating the Jung-gu Incheon Central Logistics Center (hereinafter “instant logistics center”) as a company that runs a petroleum retail business, etc.

Defendant Incheon Port Corporation (hereinafter “Defendant Corporation”) is a corporation established pursuant to the Port Authority Act to conduct projects for the management and operation of ports, such as the construction, maintenance, repair, etc. of harbor facilities, and is the owner of 8 Dong-dong and 5 provisional storage buildings adjacent to the logistics center of this case (hereinafter “instant land”) and 8 Dong-dong and 5 provisional storage structures adjacent thereto.

B. Around May 2017, the Defendant Corporation entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) under the following terms (hereinafter “instant lease agreement”) that: (a) leases eight or five or more units of the instant land and the warehouse buildings on the instant land and its ground; and (b) does not impose rent for temporary tents; (c) concluded a contract with the Defendant Company (hereinafter “instant lease agreement”).

Article 3(Lease Property) The types, sizes and purposes of use of leased property under this Agreement are as follows:

The lease period of the leased property under Article 4 (Lease Period), including 19,200 general ports, Jung-gu, Incheon, Jung-gu, Jung-gu and 8 Dong-dong of export and import cargo handling and storage building, shall be from March 17, 2017 to March 16, 2020 (3).

Article 5 (Collection and Adjustment of Rent) (1) A (Defendant Corporation) shall collect rent for leased property from the Port Authority (Defendant Company) pursuant to Article 30 (1) of the Port Authority Act.

Article 10 (Management of Rental Property) (2) B shall maintain and manage leased property as due care as a good manager, maintain and repair the leased property for the purpose of using the leased property on a daily basis, and bear all the expenses for maintenance and repair due to the lessee's intention or negligence (including management negligence).

(3) Force majeure and facilities are fundamental defects although he/she has fulfilled the duty of due care as a good manager.