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(영문) 광주지방법원목포지원 2017.11.30 2016가단8907
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 1, 2013, the Defendant: (a) stated the Plaintiff’s certificate No. 1 (a lease agreement) that the Plaintiff owns as “I in Ghana”; but (b) there is no dispute between the parties that there was an error in the indication of the location of the goods under the lease agreement.

The instant vinyl 4,200 square meters (hereinafter “instant vinyl”) located on the ground of 400 square meters (hereinafter “instant site”) leased approximately 3,50,000,000 won per annum per annum for the original raising purpose without deposit (hereinafter “the instant vinyl”) for three years from October 1, 2013 to October 1, 2016 (which may be extended under mutual agreement at the expiration of three years).

B. The Plaintiff purchased at KRW 30 million all of the original breeding facilities installed in the instant vinyl house and the vinyl house located in the F in Naju City, which was leased by Naju, from D, the former lessee of the instant vinyl house.

C. On May 2015, the Plaintiff is a facility that supplies the original test water to the instant vinyl, according to the statement (No. 10 evidence) supplied by the water supplier at the instant vinyl house. The Plaintiff is a facility related to the original test.

D. The Corporation

From December 2, 2015 to February 2016, 2016, the instant vinyl was laid down in a large belt in the area where the instant vinyl was located, and due to heavy snow, the instant vinyl became to have the parts of the steel frame forming the bones strings.

E. From around 09:00 on August 13, 2016, G, the husband of the Defendant and E, began to remove the instant vinyl and its neighboring vinyl houses from around 09:00 without the Plaintiff’s consent.

F. The Plaintiff and G reported to the police that “The instant vinyl and the neighboring vinyl, including the CCTV main body in the instant vinyl, the 4 Kamerra, and the equipment related to the original livestock shed, stolen the market value.”

Since then, the Defendant and G are the instant vinyl around August 13, 2016 as the Gwangju District Court 2017 Godan328.

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