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(영문) 수원지방법원평택지원 2019.02.07 2017가단6998
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 52,628,130 and the interest rate of KRW 15% per annum from December 20, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 26, 2016, the Plaintiff purchased each real estate and machinery and apparatus listed in the separate sheet in the Suwon District Court C’s auction procedure for real estate (hereinafter “each of the instant real estate”) and completely paid the sales price in full.

B. On September 2016, the Defendant concluded a lease contract (hereinafter “instant lease contract”) with respect to each of the instant real estate owned by the Plaintiff and the Plaintiff, setting the lease deposit amount of KRW 50 million, KRW 13 million per month of rent (payment on the 25th day of each month), and the lease period by March 25, 2017.

The Defendant paid KRW 50 million to the Plaintiff on September 30, 2016 under the above lease agreement, and paid the rent by March 25, 2017.

C. On April 12, 2017, the Plaintiff filed an application with the Defendant for a real estate transfer order with respect to the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “Edong and FF building”) among each of the instant real estate in this case as D in this court. The Plaintiff was handed over the E-dong building on May 31, 2017 and the F-dong building on June 28, 2017 in accordance with the above delivery order.

On March 2017, the Defendant: (a) prevented access to 22 E-dong building windows, 4 entrance doors, and 3 trokes by means, such as hack pipe folding, to interfere with the execution of delivery; (b) prevented access to e-dong buildings; and (c) prevented C-TT wires from operating well.

(hereinafter “instant damage”). G, an actual operator of the Defendant, was convicted of a fine for the crime of causing property damage on the said crime.

E. As to the real estate listed in paragraph (3) of the attached Table No. 3 (hereinafter “H-dong building”), the Defendant possessed until the date of the closing of the instant argument, but was subject to suspension on September 21, 2017.

[Ground of recognition] Facts without dispute, Gap's statements, images, and the purport of the whole pleadings, as stated in Gap's evidence Nos. 3, 8, 18, 19, 21, 21-2

2. Determination

A. Relevant legal principles.

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