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(영문) 대전지방법원서산지원 2016.12.15 2015가합50995

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the owner of the real estate of this case as a clan jointly created for D 15 years of age E (hereinafter "the plaintiff clan"). The defendant corporation is an incorporated farming association established for the purpose of the management of agriculture and its incidental business, and the defendant C is the representative director of the defendant corporation.

Article 1 (Indication and Use of Lease Objects) (1) The lease object includes all of the real estate and the ground objects of this case.

Article 2 (Deposit) (1) The deposit shall be KRW 150 million, and the defendant corporation shall pay 10% after the conclusion of the contract to the plaintiff clan, and the remainder shall be paid simultaneously with the establishment of the place of business (construction).

Article 3 (Lease Rent) (1) The rent shall be KRW 50 million per annum, and the defendant corporation shall deposit the rent into the account of the head of the Tong designated by the plaintiff clan after obtaining permission.

Article 5 (Delivery of Object for Lease) The plaintiff's clan shall not only confirm the deposit of all expenses in accordance with the standards of Articles 2 and 3 from the defendant corporation after entering into a contract, but also deliver the object for lease to the defendant corporation.

Article 8 (Duty of Lessee) (2) If the defendant corporation intentionally or negligently damages the real estate of this case, it shall repair it at the expense of the defendant corporation.

If a separate damage is caused by this, the plaintiff clan can claim damages from the defendant corporation.

Article 11 (Termination of Contract) (2) In the event of any of the following subparagraphs, the plaintiff's clan shall set in writing a period of time to the other party, notify the other party of its performance, and may terminate this contract if he/she fails to perform it within

2. Where the defendant corporation damages or destroys or destroys part of an object intentionally or by gross negligence.

B. The defendant corporation is going against the plaintiff clan on June 18, 2009 to promote the new business of driving practice ranges.