손해배상 및 부당이득 반환
1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and against the Defendants corresponding to the revoked part.
1. Basic facts
A. The Plaintiff and the Defendants entered into the instant contract 1) Defendant C (hereinafter “Defendant C”)
(2) On January 2009, the Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “Defendant B”) operated SM factories (a kind of oil production plant with synenenenenenene, which is a kind of oil’s raw material) located in the Ulsan Nam-gu Petroleum Chemical Corporation (Ulsan Nam-gu L), PS factories (a factory producing sylynenenenene), or EPS factories (a factory producing Exptyre), but was closed down on January 2009 due to the aggravation of management environment. < Amended by Act No. 9834, Dec. 2, 2009>
(2) Although the Defendants sold the PS factory to March 2010, the production was not made in the oil refining plant, and only the minimum operation was made for the maintenance of facilities. 2) The Defendants initially intended to sell the oil refining plant en bloc, but did not find the buyer, and eventually, they subsequently leased only the PS and ES factory to the Plaintiff.
Therefore, on April 1, 2010, the Plaintiff entered into a contract with Defendant B to lease all of the direct and indirect facilities related to the operation of the PS factory owned by the same Defendant, and tangible and intangible assets related to the product manufactured in the relevant factory, with the same content as the Plaintiff agreed to lease by setting the contract period at three years from the date of entering into the contract, and the rent at 2,350,000,000 won (excluding value-added tax) each year (hereinafter “instant lease contract”). On the same day, the Plaintiff entered into a contract with Defendant C to lease the ES factory owned by the same Defendant with the same content, except that the rent at 1,250,000,000 won (excluding value-added tax) each year.
3) The main contents of the instant lease agreement are as follows. (1) All taxes and public charges imposed on the leased object under Article 5 (Liability for Various Charges) (1) are borne by Defendant B, a lessor. (2) Facilities and public charges are separately established by the Plaintiff’s necessity as a lessee.