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(영문) 수원지방법원 2017.02.10 2015가합63223

손해배상청구(기)

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1. The Defendant (Counterclaim Plaintiff) paid KRW 16,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from April 15, 2015 to February 10, 2017.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) with the term of office as the representative director, entered into a lease agreement with C Co., Ltd. (hereinafter “KE”) on the F building Nos. 206 through 209 (hereinafter “instant building”) located outside E and four parcels of land on April 1, 2008, with the term of lease deposit KRW 50,000,000, monthly rent of KRW 6,000,000, monthly rent of KRW 20,000,000, and the term of lease of KRW 20,000,000, monthly rent of KRW 1,000, monthly rent of KRW 1,000, and the term of lease of KRW 22,00,00,000, and each lease agreement was re-leased with the term of lease of each building (hereinafter “instant golf range”).

B. On February 27, 2009, the defendant succeeded to the lessee status under the first lease contract of this case from D and started to operate the building of this case after obtaining it from D around March 1, 2009, by setting the lease deposit amount of KRW 100,000,000, monthly rent of KRW 3,000,000, and one year of lease.

C. Around May 2012, the Plaintiff entered into an underwriting contract with the Defendant to acquire the instant golf driving range (hereinafter “instant underwriting contract”) on condition that the Plaintiff was awarded a successful bid in the public sale procedure, and entered into said contract with the Defendant (hereinafter “instant underwriting contract”). From May 2012 to June 2012, the Plaintiff performed internal construction works, such as replacing screen golf machines installed in the instant golf driving range, and operated the instant golf driving range from July 1, 2012 to May 2014.

The plaintiff on June 30, 2012 under the name of son, the plaintiff.