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(영문) 서울동부지방법원 2014.02.07 2011가단80686

유선장인도

Text

1. Defendant A, Defendant A, Defendant Leba Design Group, Defendant C, and Defendant B shall list attached Table 2 to the Plaintiff.

Reasons

1. Basic facts

A. On September 1986, the Plaintiff first obtained permission to occupy and use the 3,578 square meters of the Seoul K river site from the Han River Business Headquarters in Seoul, the Plaintiff installed the excursion ship wharf listed in the attached Table 2 (hereinafter “the instant excursion ship wharf”) in the 1990s, which is a non-powered part of the river site.

B. On December 31, 2009, the Plaintiff entered into a lease agreement with the instant excursion ship wharf Co., Ltd. (hereinafter “Nonindicted Company”) with a security deposit of KRW 2 billion, monthly rent of KRW 7 billion for the first three years, from February 1, 2010 to December 31, 2016 (hereinafter “instant lease agreement”). On January 28, 2010, the Plaintiff was paid only KRW 2 billion out of the lease deposit of KRW 2 billion.

C. During the period from April 2010 to August 2010, the non-party company: (a) decided to remodel the aged excursion ship wharf of this case to use it for the purpose of crowdfunding; and (b) ordered the Defendants to remove the aging facilities of the excursion ship wharf of this case; (c) the replacement of facilities inside and outside the scope of the excursion ship wharf of this case; and (d) the construction related to the installation of the wale tecing equipment.

As the Plaintiff did not pay the remainder of the lease deposit, on September 17, 2010, notified the non-party company of the termination of the instant lease agreement.

(A) At that time, the Plaintiff sent a cooperation letter (No. 4) stating that the Defendants “in advance of the termination of a lease agreement with a company outside the country, the Plaintiff requested the submission of materials related to the construction project, such as construction contract, construction design drawings, transaction specifications, etc., to ascertain the status of the company and review the cost of the construction project.”

E. On October 8, 2010, the Plaintiff filed a lawsuit against the non-party company seeking the name of the excursion ship wharf of this case against the non-party company (No. 2010da61381) and received a favorable judgment on April 5, 2011 (hereinafter “instant judgment”).

Although the non-party company filed an appeal against the above judgment, the judgment dismissing the appeal was rendered on August 17, 201, and around that time.