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(영문) 광주지방법원목포지원 2020.05.20 2019가단52295
부당이득금
Text

1. The plaintiffs' motion to participate in the acquisition of shares and the plaintiffs' preliminary claims among the lawsuit of this case are dismissed.

2...

Reasons

1. Basic facts

A. D (only the applicant for participation in acquisition, and the applicant for participation in acquisition is named as the following, and the remaining parts are named as the name) is a person who leases salt farms located in the F or G in the Yan-gun, Yannam-gun (hereinafter collectively referred to as “instant salt farm”). However, G maintenance is a person who engages in the business of enabling tenants to produce salt, and around October 15, 2017, the Plaintiff leased the 40,241 square meters of H salt farm in the Yan-gun-gun, Yan-gun to the Plaintiff, and the Plaintiff B and I respectively leased the 40,264 square meters of Jinan-gun to the Plaintiff around the same day.

D In the instant salt farm, while owning J and H during the instant salt farm, donated JN on May 29, 2014 and H salt farm to L, U.S., respectively, on March 11, 2016. However, as to the fact that D leases the above salt farm to the Plaintiffs, the parties do not dispute, or may be recognized by the evidence Nos. 5 and 5, respectively.

B. On June 19, 2018, around 06:10 on June 19, 2018, an accident occurred where oil was leaked to the instant salt farm (hereinafter “instant accident”).

C. D around December 2018, upon delegation from the lessees of the instant salt farm, including the Plaintiffs and the Defendant, sought payment of the cost of restoring the instant salt farm and the insurance money equivalent to the amount of property damages to K Co., Ltd., an insurance company that is an insurance company that purchased the said vehicle owner.

In this regard, K Co., Ltd., through a separate damage evaluation, leased the instant salt farm to 7 companies (six tenants) and based on the size of the salt farm (264,354 square meters) of the instant salt farm, based on the total production output of the instant salt farm (12.98km per 1 square meter x 264,354 square meters per 264 square meter x 180 square meters) per day divided by the date of production (180 square meters) (19,063.30 kilograms) and the unit price for direct deal salt of the Newan Military Administration and consumers.

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