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(영문) 대구지방법원 안동지원 2018.08.30 2018가합3028
손해배상(기)
Text

1. The Defendant’s KRW 27,256,573 as well as the Plaintiff’s KRW 6% per annum from July 10, 2018 to August 30, 2018.

Reasons

1. Basic facts

A. The Plaintiff operates quarrying business and stone sales business under the trade name of “C”, and the Defendant is operating a stone collection station (hereinafter “the instant stone collection station”) in the area of 95,916 square meters of forests and fields D when permanent residents reside.

B. On July 10, 2014, the Plaintiff and the Defendant agreed to mine the above portion of KRW 5,000 (hereinafter “instant lease agreement”) from the Defendant from August 15, 2014 to August 14, 2015 by leasing the lease deposit amount of KRW 40,000,000, annual rent of KRW 240,000 (hereinafter “instant lease agreement”).

On the same day, the Plaintiff paid KRW 150,000,000 out of the annual rent of KRW 40,000 and annual rent of KRW 150,00,000 to the Defendant. On August 15, 2014, the Plaintiff paid KRW 90,000,000 for the remainder of annual rent.

C. After that, the Plaintiff and the Defendant agreed to extend the rental period by December 31, 2015.

On December 4, 2015, the Plaintiff ceased mining operations with raw materials, equipment, etc. installed on the leased part of this case, and collected raw materials, equipment, etc. extracted from the leased part of this case according to the agreement with the Defendant around May 2018.

[Reasons for Recognition: Unsatisfy, Gap evidence 1, Eul evidence 4, on-site inspection result, the purport of whole pleadings]

2. Determination as to a claim of KRW 440,00,000 in total amount of damages or unjust enrichment equivalent to the value of the master seat or executive secretary’s seat

A. On or around December 2015, the Plaintiff’s argument that obstructed the Defendant’s sudden work and demanded an increase in rent, the Plaintiff did not have a approximately KRW 120,000 worth of KRW 120,000, KRW 200,000, KRW 150,000, KRW 150,000, KRW 200, KRW 150,000, KRW 150,000, KRW 150,000, KRW 1,000, KRW 150,000, which were extracted in accordance with the instant agreement, from the instant stone collection site.

However, without the consent of the plaintiff, the defendant arbitrarily disposes of the above and the executive secretary's seat.

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