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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. On January 19, 2016, C agricultural partnership (hereinafter “C”) concluded a lease agreement with the Defendant on the lease of KRW 2,950 square meters of land for a factory in Boan-si, E, 1,68 square meters of land for a warehouse, buildings on its ground, and 350 square meters of land for a factory, and F warehouse site, and its appurtenant facilities, machinery, and equipment (hereinafter “lease object of this case”) from January 20, 2016 to January 19, 2019, with the lease term of KRW 5,000 of the monthly rent from January 20 to January 19, 2019 (hereinafter “the first lease agreement”). Article 6 of the above agreement provides that “All kinds of expendable goods for the operation of existing factory facilities in a factory shall be expressed free of charge to the Defendant.”
In addition, C and the defendant have prepared the following additional contracts in the above contract:
The inventory of raw materials and products within the factory at the time of the contract shall be purchased by Gap (C) and Eul (Defendant) by mutual agreement.
B. On January 21, 2016, C entered into a lease agreement with G (the representative director of the Defendant) on the leased object of the instant case from January 21, 2016 to January 20, 2019, with a monthly rent of KRW 5,00,000 (hereinafter “the instant secondary lease agreement”), and Article 6 of the said agreement provides that “All items consumed for the operation of existing factory facilities in the factory shall be ordered to G free of charge at the time of delivery of the factory.”
In addition, C and G determined that “A and H are prior to the establishment of a tentatively named agricultural company H, and this contract is replaced by G to be registered as the representative director of H, a corporation to be newly established, and if a corporation is established thereafter, all of the terms of this contract will succeed to H.”
They also set up the following additional contracts in the above contract:
The inventory of raw materials and products within the factory at the time of the contract shall be purchased by A (C) and B (G).