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(영문) 광주지방법원순천지원 2014.07.09 2011가합161

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant) A:

A. Defendant P was 500,000 won and its related amount from August 5, 2009.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. 205 merchants, etc., who were engaged in small-scale funeral services in BB, affiliated buildings within BA market, were established in around 2002 with two other promoters, and then purchased approximately 4,800 square meters of land located in BD in the name of the company and to newly construct a modern-type market building (hereinafter “instant building”).

Plaintiff

G, the original defendants except the defendant P, and the AZ are all merchants who participated directly or indirectly as shareholders of the above company and paid 7.5 million won per capita with the purchase cost of land.

(Plaintiff B participated as a shareholder by mother BE, Plaintiff D’s husband BF.

Accordingly, on May 9, 2003, BG Co., Ltd. established on April 25, 2003 (hereinafter simply “BG”) purchased BD large 3,568 square meters to be used as the site for the instant building on May 9, 2003 and completed the registration of ownership transfer. On the other hand, some of the shareholders entered into a loan agreement with BA market on December 12, 2003 on land, including 302 square meters, which is State-owned property, to newly build a temporary store until the time of construction of the instant building.

C. Some of the shareholders of BG constitute “BI Promotion Committee” and bear the prescribed construction costs per capita and purchase or loan by BG around June 30, 2004.

66 temporary stores were newly constructed on the land stated in the paragraph.

After that, the merchants belonging to the above promotion committee entered into a lease agreement with BG on the above temporary store. The above promotion committee includes the following: “The lease period is within the retention period of the temporary store, and even if the lessor cancels the contract due to the new construction of the main building, the lessee shall not raise any civil or criminal objection; if the management fee is overdue for at least one month, the lessee shall lose the benefit of the deadline, and the lessor shall not raise any objection even if the lessor executes the order for surrender.”

Plaintiff

G. The remainder except G.