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(영문) 광주지방법원목포지원 2013.08.27 2011가합1779
손해배상(기)
Text

1. Defendants B, C, D, and E are jointly and severally liable to the Plaintiff for KRW 314,941,759 and their related amount from September 16, 2009 to August 27, 2013.

Reasons

1. Basic facts

A. A. On November 30, 2006, I entered into a lease agreement with Defendant B to lease a deposit amount of KRW 200,000,000,000 (hereinafter “pre-paid lease agreement”) between Defendant B, Yong-gun, Yong-gun, and the total amount of approximately 20,000,000,000 square meters of land (hereinafter “pre-paid lease agreement”). At that time, I paid the above Defendant the deposit amount of KRW 200,000. The main contents of the above lease agreement are as follows.

1. The term of lease shall be from December 1, 2006 to November 30, 2007 (one year);

Provided, That one of the both parties shall be deemed to have been extended for one year under the same conditions, unless the termination of the contract is notified in writing at least one month prior to the expiration of the lease term.

4. The leased site shall be used for the manufacture and shipbuilding of vessel parts;

5. No lessee shall install fixed facilities (including buildings) on the ground on the leased site.

Where it is necessary to install a fixed facility, the consent of the lessor shall be obtained.

6. The lessee shall, when he/she requests, during the term of the lease, to order the lessee to use for sale and purchase, manufacturing of vessel parts, and building due to the circumstances of the lessor;

Provided, That the lessor shall set the period of liquidation for three months that the lessee can conclude.

B. After that, on December 13, 2006, I established K as the representative director in order to operate the vessel parts manufacturing business, etc. in the above leased site (after that, the representative director of the plaintiff was finally changed to I through L, etc.) and registered the business in the tax path book, and filed an application for approval for the establishment of the plaintiff with the head of Si/Gun around March 8, 2007.

C. Meanwhile, when Defendant B operated a “M” company and promoted an industrial complex development project to the NFE NFE, Yong-Namnam-gun, Defendant B financed funds through I’s arrangement, and as a result, additionally leased 20,000 square meters to I in addition to 20,000 square meters of the leased site under the preceding lease agreement, thereby including that of the previous leased site.

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