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(영문) 대전지방법원 2016.08.18 2015가합106015
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Presumed facts

A. The position of the parties 1) The D Research Institute (hereinafter “Research Institute”) was an affiliated organization of the E Research Institute (hereinafter “Research Institute”). Defendant B was the president of the Research Institute, and Defendant C was the head of the Research Institute, who was the head of the department in charge of concluding the lease contract.

B. On January 16, 2006, the Institute entered into a lease agreement (hereinafter “instant lease agreement”). On January 16, 2006, the Institute entered into a lease agreement (hereinafter “instant lease agreement”) with F and F, setting the amount of KRW 301 and KRW 305,05,000 per month for a deposit of KRW 450,000,000,000,000 for a building owned by F and F (hereinafter “instant building”). However, at the time of entering into the instant agreement, the Institute’s agent entered into a contract with F and the instant Hodong Marine Insurance Co., Ltd., with the maximum amount of claims 4.5,50,00,000 won, the Institute agreed to set up a lease agreement on a deposit basis (hereinafter “mortgage”). On January 20, 2006, the Institute established a lease on a deposit basis (hereinafter “the instant lease on a deposit basis”).

C. 1) The instant heading room was sold in KRW 2,782,779,112 upon the application of the Bank of Korea Fire, Marine Insurance Co., Ltd. (former Fire, Marine Insurance Co., Ltd.) and was voluntarily decided to commence auction on July 6, 2012, and the Institute did not receive dividends. 2) The remaining lease deposit amount of the instant contract is KRW 247,309,628.

On August 9, 2012, the assignment research institute was changed to the Plaintiff’s affiliated organization.

On August 23, 2012, the Plaintiff received from the Institute the claim for damages related to the instant contract from the Defendants. On June 17, 2016, the Institute notified the Defendants of the assignment of claims, and the said notification reached the Defendants around that time.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 7 (including paper numbers), and the purport of whole pleadings

2. The plaintiff.

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