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(영문) 수원지방법원 2018.12.14 2017가합24147
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. F Co., Ltd. (hereinafter “F”) operated by the Plaintiff and F Co., Ltd. (hereinafter “F”)

(2) On December 12, 2012, Defendant B leased land and above-ground buildings located in the Gansi District G from Defendant B (hereinafter “instant land”) (hereinafter “instant building”)

(2) The contract written at this time is indicated as KRW 120 million, monthly rent of KRW 10 million, and the term of lease from December 31, 2012 to December 31, 2017, and the Plaintiff and H affixed as a joint representative director (hereinafter “instant lease”) signed and sealed by the joint representative director (hereinafter “the instant lease”).

(2) On December 30, 2012 between F and Defendant B, the lease agreement was drafted again on December 30, 2012. This is indicated as KRW 130 million, monthly rent of KRW 9.5 million, and the term of the lease from December 31, 2012 to December 31, 2015, and the special terms and conditions added that the lessor may be notified three months before the purchase and sale of the instant land, and that the lessor’s termination may cancel the contract on behalf of F.

(3) On the other hand, the second lease contract states that “Lessee agrees to and cooperate in doing harm to the telephone system in which the lessor and the lessee bear one-half each.” Accordingly, on February 18, 2013, the protocol of telephone settlement (U.S. District Court 2013No. 19) was prepared between F and the Defendant on February 18, 2013 between F and the Defendant, and H was present on behalf of F. However, upon the Plaintiff’s request for quasi-deliberation, the said protocol was revoked on the ground that only one of the two joint representative directors was defective in the power of representation (U.S. District Court 2015 J. b).

The notice of the termination of the instant lease agreement by Defendant B due to the overdue default of F was not paid on December 31, 2013, which is the due date, KRW 30 million out of the deposit, and the F was paid on December 31, 2014, January 1, 2015.

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