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(영문) 서울고등법원 2015.06.04 2015나2003189

손해배상(기) 등

Text

1. After remand, the plaintiff's claim that is changed in exchange from the trial is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. On December 29, 2006, the Plaintiff entered into a joint business operation agreement and modified contract with the Plaintiff and the Defendant. From January 1, 2007 to March 31, 2012, to March 31, 2012, the Plaintiff: (a) a lease agreement for the installation and operation of 101 automatic blades within the 93 calendar lines (hereinafter “instant lease agreement”); and (b) a lease agreement for the installation and operation of automatic blades within the said calendar line to the 93 calendar lines (hereinafter “instant business”).

The main contents of the instant lease agreement were as follows. The main contents of the instant lease agreement are as follows. The installation quantity of the object is as follows: 1 - 4 line 93 line - lease area: Total contract period: 240.38m2 (general conditions Article 2): from January 1, 2007 to March 31, 2012: contract amount of five years and 310,000,000 won (including the contents of the sign and the general conditions Article 3): Monthly rent of less than 10 won is calculated by dividing the contract amount from the contract amount to 10 months, and the difference between the contract amount and 93 line - lease area: Rent of 240.3m20m2 (including value-added tax) contract amount shall be calculated as 0m20,000,000 won in cash or 30m20m2 (this case’s lease contract amount shall be calculated as 30m20,000,000 won.