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(영문) 광주지방법원 2017.11.17 2015가합50660
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B and C simultaneously receive each of the real estate listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B is the owner of each real estate listed in the separate sheet Nos. 1 through 3, and Defendant C is the owner of each real estate listed in the separate sheet Nos. 4 through 10 (hereinafter referred to as “instant real estate”), and Defendant C is the partner of Defendant B, who Defendant C’s children, manages the instant real estate on behalf of Defendant B and C.

B. On December 19, 2013, Defendant B and C leased (hereinafter “instant lease agreement”) equipment, such as the instant real estate and the instant unauthorized wooden building (4 Dong Dong-dong, 3 Dong-dong in warehouse), 8 LbC facilities, gas bags, air conditioners, air conditioners, and boats, to the Plaintiff at KRW 60,000 for the lease term from March 1, 2014 to KRW 170,000 for the lease deposit (hereinafter “the instant lease agreement”). The Plaintiff paid the said Defendants KRW 10,00,000 on December 19, 2013 as the lease deposit, and KRW 90,000,000 on December 3, 2013; and KRW 70,000,000 on February 7, 2014 to the said Defendants as the lease deposit.

The Defendants asserted that the object of the instant lease agreement is limited to the equipment indicated in the equipment list attached to the instant real estate lease agreement, and that the 7-dong and 8-dong unauthorized wood buildings on the instant real estate are not the leased object. However, the following circumstances are acknowledged by the evidence as follows: ① the Defendants operated restaurant business in the name of “E” by using the instant real estate and the above unauthorized buildings on the land; ② the “field photograph” attached to the lease agreement also includes a photograph, a warehouse, or a flat photograph, and there were articles kept in the warehouse while the equipment is displayed in the equipment list; ③ the pictures attached to the equipment posted by Defendant D on the F Internet car page to display the lessee, and the above restaurant was introduced.

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