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(영문) 대구지방법원 2017.01.17 2015가단128827
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. The relationship between the parties 1) D is 84.17 square meters (hereinafter “the instant building”) for a restaurant with a single-story 84.17 square meters (hereinafter “instant building”) in Daegu Jung-gu E-gu.

(2) Defendant B is the owner of the land. (2) Defendant B is the shot of D, Defendant C is the child of D, and the Defendants are the couple.

3) The Defendants have been granted the right of representation to enter into a lease agreement on the instant building from D and the right to receive rent from the lessee, etc. The Plaintiff and the Defendants have been managing the instant building. (B) A lease agreement between the Plaintiff and the Defendants, around 2002, entered into a lease agreement on a store of approximately 33 square meters in the middle part of the instant building (hereinafter “instant store”) with the Defendants, who represented D, and carried out clothing sales at the instant store with the name of “F”, and thereafter renewed the lease agreement on several occasions.

2) On November 25, 2012, the Plaintiff entered into a lease agreement with Defendant B and the instant store representing D with the term of November 25, 2012, including the lease deposit amounting to KRW 50 million, KRW 2450,000 per month, and the term of lease until November 24, 2013. On February 25, 2013, the Plaintiff entered into a lease agreement with the term of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000).

2 Notwithstanding the aforementioned notification made by D, according to the agreement with the Defendants, the Plaintiff paid the Defendants the monthly rent of KRW 2,450,000 to April 2015, and did not pay the difference directly to D.

However, the Defendants concealed the actual amount of rent for the instant store from March 25, 2013 to April 24, 2014.

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