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(영문) 인천지방법원부천지원 2015.11.18 2014가합8591
손해배상(기)
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of Plaintiff A is the owner of the real estate listed in Annex 1 List No. 1, and Plaintiff B is the owner of the real estate listed in Annex 1 List No. 2, which is a building on the ground above the land, and the Defendant leased each of the above real estate (hereinafter collectively referred to as “instant gas station”) used as the trade name “D” from the Plaintiffs.

B. On May 19, 2012, the Plaintiffs entered into a lease contract and agreed between the Plaintiffs and the Defendant, etc. (i) the lease deposit for the instant gas station: KRW 200,000; KRW 7,500,000 per month for one year from the date of delivery of the said gas station (excluding value-added tax); KRW 8,500,000 per month for one year thereafter; and the lease period for two years from June 23, 2012 to June 22, 2014; at that time, the Plaintiffs and the Defendant agreed on the special agreement that additionally includes the following (hereinafter referred to as “instant lease agreement”).

(A) Upon termination of the instant lease agreement, the Defendant shall restore the instant gas station to its original state and return it to the Plaintiffs.

B) The Plaintiffs shall conduct a soil contamination inspection on the instant gas station, clean the oil tank of the said gas station, and deliver it to the Defendant. C) The Defendant shall compensate the Plaintiffs for damages when all the instant accident occurred.

2) On May 25, 2012, the day before the Plaintiffs delivered the instant gas station to the Defendant, as the result of soil contamination inspection conducted by the Korea Construction and Living Environment Examination Institute on the gas station in the instant case, the lower part of the attached Form 2, which is a diesel tank (hereinafter “instant tank 1”).

2) Of the attached Form 2, G display tank (hereinafter “instant tank 2”) among non-fluoring gasoline tanks

) Of the attached Form 2, light oil tanks (hereinafter referred to as “instant tank 3”) the upper part of the Dmark C in the attached Form 2.

(ii) and their pipes (in this case 1, 3 times and D in Schedule 2, D.).

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