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(영문) 부산지방법원 2017.12.01 2017나44510
손해배상(기)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a company running the business of operating an automobile installment financing and insurance agency within the Busan Shipping Daegu OTC (hereinafter “the instant trading complex”) and the Defendants are used as a used car sales company located in the instant trading complex.

B. The 25 trading companies that sell used cars including the Defendants (hereinafter referred to as “sales companies”) jointly invested and established by Qgu Co., Ltd. (hereinafter referred to as “management corporations”) have leased the land and building of the said trading complex from P to the sales companies including the Defendants and the Plaintiff, etc.

C. On January 1, 2013, a management corporation sublets part of the instant trading complex to the Plaintiff at KRW 2,50,000 per month and rent. On the same day, the sales company, including the Defendants, sublet each of the instant trading complex at KRW 2,22,00,000 per month and KRW 2,220,000 per month.

(hereinafter referred to as "lease Agreement between the Management Act and the Defendants" (hereinafter referred to as the "Management Act") on January 1, 2013. D.

On the other hand, three installment financing companies and insurance agencies were located in the incidental facilities of the instant sales complex. However, around June 2014, the management corporation closed its business. Around June 17, 2014, the management corporation leased all ancillary facilities for installment financing companies (including the part before the Plaintiff) to the Plaintiff, with the lease deposit amount of KRW 200 million, monthly rent of KRW 20 million, and the lease term of KRW 20 million from June 1, 2014 to December 31, 2015.

(hereinafter referred to as the "lease Agreement for Incidental Facilities of this case"). [Grounds for recognition] : (a) the fact that there is no dispute; (b) the entry of Gap Nos. 1 through 3, 6; and (c) Eul Nos. 1 and 2; hereinafter the same shall apply; and (c) the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion P is KRW 2.2 million and KRW 3 million to the Defendants and the Management Officer.

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