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(영문) 대구지방법원 서부지원 2018.02.09 2017가합50625

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of a temporary building for model housing (hereinafter “instant model housing”) in Daegu-gu, Daegu-gu, 18,214 square meters and its ground, and the Defendant is a company that conducts housing construction and sales business, etc., and entered into a lease agreement with the Plaintiff on the instant model housing site.

B. On September 5, 2013, the Plaintiff and D Co., Ltd. (hereinafter “D”) concluded a lease agreement and the occurrence of disputes.

In the case of a stock company below, the first time shall be called a stock company'sO, and the subsequent time shall omit the expression of the stock company.

A) On December 31, 2013, the instant model house and its site were leased with a fixed term of KRW 850,000,000,000 per annum (up to a period of KRW 1 billion), the remainder of the lease period of KRW 1,000,000,000,000. D concluded a lease agreement with the Plaintiff to pay the remainder of KRW 400,000 on September 27, 2013, the intermediate payment of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00).

C. On June 25, 2014, the Plaintiff and the Plaintiff Company F’s lease agreement concluded with F Co., Ltd. (hereinafter “F”) on the following occasions: (a) the instant model voucher and site were annually leased KRW 1.3 billion; (b) the lease period was fixed from August 1, 2014 to July 31, 2015; and (c) the F paid the Plaintiff the down payment of KRW 200 million on the same day; and (d) the intermediate payment of KRW 100 million on July 31, 2014.

The Plaintiff was unable to deliver the instant model voucher to F due to the lease agreement dispute with D, and F was August 2014.