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(영문) 서울중앙지방법원 2016.09.01 2015가합556086
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter referred to as the “Plaintiff Company”) is a company aimed at the development and development of electric power resource housing, the entrusted operation and management service business of buildings, etc., and the representative director of the Plaintiff Company B, and the Defendant is the representative director of the Yeongdeungpo-gu Seoul Metropolitan Government E- shopping mall (hereinafter referred to as “ shopping mall”)’s management body.

② On December 21, 2010, the Plaintiff Company was determined as a preferential bidder for the entire rental business of a shopping mall. Accordingly, on January 28, 2011, between the shopping mall management body and the shopping mall management body, the leased object was “sale and business facilities from the second to the sixth floor above the ground, the total area of the 7 and the eight stories above the ground (excluding the shares of the Korea Land Trust Corporation)”, and the lease deposit amount is KRW 1.1 billion, and the down payment amount is KRW 100 million at the time of the contract, the intermediate payment is KRW 30 million and the remainder amount is paid each on the date stipulated in the contract by each floor, and the lease agreement was written to pay KRW 100 million to the shopping mall management body on the remainder payment date.

(hereinafter “instant contract”. Article 9(5) of the instant contract provides that “This contract shall be completed in accordance with the supplement of the agreement agreed upon by each floor, and shall take effect in accordance with the matters agreed upon by the entire management body and the representatives of each floor and the company of the Plaintiff,” and Article 4(1) of the shopping mall management body may terminate this contract upon written notification to the Plaintiff Company in any of the following cases:

C. Each provision stipulates that the Plaintiff Company shall not pay the lease deposit under Article 1 by the due date of the payment agreement.

On January 31, 2011, the Plaintiff remitted the down payment of KRW 100 million to the management body account of the shopping mall.

The representative of the first floor of the shopping mall management body of the second floor of the fifth floor is the representative of the second floor above the ground level of the shopping mall management body of the second floor, who is the representative of the second floor above the ground level of the shopping mall management body of the fifth floor above the fourth floor above the ground level.

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