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(영문) 서울중앙지방법원 2017.11.09 2017가단5101198
구상금
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 551,98,534 as well as 5% per annum from August 9, 2015 to June 13, 2017.

Reasons

1. Facts of recognition;

A. (i) The building B (hereinafter “instant building”) is a composite building for traffic and sale purposes, the total floor area of which is 146,071.39 square meters, 7 stories above ground, and 5 stories below ground in Goyang-si, and is an underground connections connected to D with the underground floor above the ground level.

At the time of 2014, the building of this case is divided into shopping mall Dong and terminal Dong, and E was in operation from five to seven stories above the ground of shopping mall Dong, and the "F" was in progress in preparation for the first to fourth stories above the same ground.

And on the third above ground of the terminal, B was in the operation of restaurants, and on the first and second floors above the same ground.

In addition, the underground floor of the instant building is a structure that consists of only one part without distinguishing shopping mall from the terminal Dong, and the underground floor was used as a parking lot from the third to the fifth underground floor after the lease by the CFF lending Co., Ltd. (hereinafter “CF,” and, in the case of other companies than the Defendant A, the entry of the “stock company” was omitted) and the internal construction for the operation of FFF store. The underground floor was used as a parking lot from the third to the fifth underground floor.

around February 2012, “B” acquired ownership of the instant building, and completed the registration of ownership transfer in the name of a Asian trust by trusting the said ownership with the same ownership on October 2012.

B concluded a facility management service contract for the instant building with “H” on February 20, 2012 and the instant building, and entrusted H with the facility management of the instant building on March 21, 2012, and completed the instant building on March 21, 2012.

6. 18. B began operation.

B The term of the contract with H on February 18, 2014, extended the term of the above service contract by February 19, 2015, and H continued to operate the facilities management, and on March 12, 2014, the “Korea Securities Finance” and the “Korea Terminal Operation”, which are the trust business entity of the fund managed by Manqui Asset Management (hereinafter “Manqui Asset Management”).

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