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(영문) 서울북부지방법원 2016.05.26 2015가합23141
손해배상(기)
Text

1. Defendant B pays KRW 59,441,558 to the Plaintiff.

2. The Plaintiff’s remaining claims against Defendant B and Defendant C.

Reasons

1. Basic facts

A. On July 4, 2011, Defendant B leased a D High School (hereinafter “D”) and a school playground (hereinafter “instant playground”) to use it as a socially-wide playground at the after-school and the end of the week, and a regular contract is concluded at the time of completion of the playground facility. The facility should be donated to D, and the facility should be paid monthly KRW 1,00,000 in the name of Defendant C, and the Defendant C affixed a seal on the name of “E organization C” at the bottom of the above awareness of understanding.

B. In accordance with the above MOU, Nonparty F, the wife of Defendant B, was installed with a view to approximately KRW 81,103,000 in the instant playground by bringing about approximately KRW 81,103,00.

around September 1, 2011, Defendant B drafted a lease agreement with the content that the period of use and D will be automatically extended on a yearly basis from October 1, 2011 to December 30, 2015, and that it will be automatically extended on a yearly basis from December 30, 2018 in Defendant C’s name.

(hereinafter “First Rental Contract”. However, around February 2012, D pointed out that the Seoul Special Metropolitan Office of Education entered into a lease agreement with Defendant B on October 1, 2012 (hereinafter “Second Rental Contract”) and Defendant C affixed a seal on the name “E organization C” at the bottom of the said agreement.

The main contents of the above contract are as follows:

(A) in the contract, “A” and “B” refer to Defendant C). Article 2 (Period and Hours of Use)

1. Period of use: from October 01, 2012 to September 30, 2012 (the automatic extension) period: 20,000 won per hour of sports fields, Article 3 (Usage Fees) of the Act (the contract shall be concluded for one year to December 01, 2012, and two months before the expiration date of the contract shall be automatically extended for one year unless both parties intend to terminate the contract; hereinafter referred to as "A" and "B")

1. “B” is golded to “A” at the beginning of each month as user fees for sports grounds.

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