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(영문) 전주지방법원군산지원 2016.04.29 2015가합11375

손해배상(기)

Text

1. The Defendant’s KRW 256,675,00 for the Plaintiff and KRW 5% per annum from March 31, 2016 to April 29, 2016.

Reasons

1. Basic facts

A. The Plaintiff prepared the instant loan agreement and proposed to set up and operate an indoor storage practice hall (hereinafter “instant indoor storage practice hall”) at his own expense at C Elementary School, upon recommendation of the Plaintiff from his parents of the Defendant C Elementary School in the Gunsan-si, and from his parents of the students of the students of the students.

On December 20, 2012, the Plaintiff, following consultation with C Elementary School principal D, the head of the administrative office E, and deliberation by the school steering committee, prepared a public property loan contract (hereinafter “instant loan contract or the instant loan contract”) with the amount of KRW 1,200 square meters (48m x 25m) of the site of C Elementary School (F community self-governing Center), a public property owned by the Defendant, as the lessee, for the Plaintiff’s operation activities. The period of use is from January 1, 2013 to February 28, 2016 (if it is possible to extend more than three years, and if it is intended to continue to lease after the lapse of six years, the lease contract shall be concluded again through the school steering committee and the school staff council), and the rent is KRW 300,000 per month.

B. On January 21, 2013, the Seoul Military Education Office (hereinafter “Military Education Office”) affiliated with the Defendant received a civil petition of local residents’ noise regarding the instant construction, and the third party, who is not the Superintendent of the Provincial Office of Education, other than the Superintendent of the Provincial Office of Education, was aware of the establishment of the instant indoor axis training center in accordance with Article 13 of the Public Property and Commodity Management Act, without any agreement on donation, etc., on the land of the Defendant’s public property.