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(영문) 수원지방법원 2015.10.22 2013가합3616
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 2220,000,000 and the amount from February 18, 2015.

Reasons

1. Basic facts

A. On November 29, 201, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with C Co., Ltd. (hereinafter “C”) and for the lease of the entire private wells and other facilities (hereinafter “instant building”) on five and five parcels, including, but not limited to, KRW 80 million in deposit, KRW 32 million in rent, KRW 32 million in rent, and from December 1, 201 to November 30, 201, with the term of lease fixed (hereinafter “instant lease agreement”).

B. On November 30, 201, following the conclusion of the instant lease agreement, the Plaintiff drafted a written agreement with E, the actual representative of C, as follows (hereinafter “instant agreement”).

E is responsible for and solved all problems arising from the acceptance of the report of the public bath business by the former business operator F, which was caused by the forgery real estate lease contract, when the plaintiff obtains the report of the public bath business, and the franchis to occur in relation to the damage of the plaintiff, and all of the plaintiff shall be responsible for the damage of the plaintiff.

C. On November 30, 201, the Plaintiff introduced the Plaintiff to C and paid the Defendant KRW 400 million totaling KRW 380,000,000,000 to the Defendant, for administrative matters resolution, such as the payment of public charges in arrears regarding the instant building and the acquisition of various authorizations and permissions, etc.

On the other hand, on November 29, 201, the Plaintiff entered into a sublease contract with the Defendant to sublease the relevant portions of the instant building by setting a sub-lease period of KRW 200 million (hereinafter “the instant sub-lease contract”). On the other hand, the Plaintiff asserted that the instant sub-lease contract had been rescinded at the end of February 2014, thereby preventing the Defendant from entering, and allowing the Defendant from using the said sub-lease portion from that time.

[Ground of recognition] Unsatisfy facts, Gap 1, 3, 4, 5, 8 evidence, Eul 2, 5, 6, 8, 10 evidence number is included, below.

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