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(영문) 의정부지방법원 2018.06.20 2016가합55377
손해배상(기)
Text

1. For the plaintiffs:

A. 1 Defendant C shall be KRW 284,103,60 and the interest rate of KRW 15% per annum from October 14, 2016 to the date of full payment.

Reasons

1. Claim against Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Claim against Defendant D

A. Basic facts 1) The Plaintiffs are 17,202 square meters (hereinafter “instant land”) in Gyeonggi-do E Miscellaneous-gun, Gyeonggi-do.

(2) On July 24, 2015, the Plaintiffs entered into a contract with the Defendants to lease the instant land for the purpose of the original wood field (hereinafter referred to as “instant lease contract”) by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,500,000, and the term of lease from July 30, 2015 to July 29, 2018.

3) Meanwhile, Article 3 of the instant lease agreement provides that “The lessee shall not change the purpose or structure of the said real estate without the lessor’s consent, or sub-lease, transfer the right of lease or offer the security, and use it for any purpose other than the purpose of lease.” The said special agreement provides that “This contract is a contract to use it on the ground above, as the main purpose of the lease, and if it is used for any other purpose, it must obtain the lessor’s consent.” (iv) The Defendants illegally stored wastes on the instant land in violation of the terms and conditions of the instant lease agreement after the conclusion of the instant lease agreement, and the Plaintiff A from the head of Seocheon-gun to February 24, 2016 to the same

5. By November 201, an order was issued to take measures to dispose of wastes dumped on the said land by June 15, 2016, and was indicted as charges of failing to comply with the order to take measures by the said deadline and was sentenced to a suspended sentence of KRW 2,00,000 as a crime of violating the Wastes Control Act by the Jung-gu District Court on July 13, 2017.

5. On the other hand, the Defendants: (a) August 3, 2015 and September 7, 2015, respectively, against the Plaintiffs 1,500.

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