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(영문) 광주고등법원(제주) 2020.09.23 2019나14
손해배상(기)
Text

1.(a)

The judgment of the court of first instance is below.

The part against the Defendants in excess of the amount ordered to be paid.

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) and Plaintiff B are mutual affiliates, and Plaintiff A and Plaintiff B owned each of their own ready-mixed factories on the ground of the G land in Jeju, Plaintiff B owned the said F land (hereinafter “instant land”), and engaged in manufacturing and selling of ready-mixed factories on the ground of the said F land (hereinafter “instant land”). Plaintiff C owned an A-mixed factory on the ground of some of the instant land and engaged in manufacturing and selling of asphalt.

B. On November 1, 2010, the plaintiffs entered into a lease agreement with Defendant D, with each of the above ready-mixed factories, asphalt factories, and machinery and equipment related to manufacturing (processing) owned by the plaintiffs, with each of the plaintiffs as the "factory of this case, etc." (hereinafter collectively referred to as "the lease agreement of this case," including each of the factories, machinery, equipment, etc. owned by the plaintiffs, from November 1, 2010 to October 31, 2015, and the defendant E, who was employed by Defendant D as the representative, had jointly and severally guaranteed the obligation to the plaintiffs under the lease agreement of this case.

C. Of the terms of the instant lease agreement, the following are relevant to the instant case.

Article 12 (Technical Devices) Defendant D requires thorough maintenance, and may request termination of a contract when it is insufficient to maintain the mechanical devices at the time of determining the plaintiffs.

Article 14 (Restoration of Original State) When this Agreement has been terminated or terminated, Defendant D must restore the factory to the original state at the time of surrender and order the plaintiffs to do so.

(Provided, That loss resulting from normal use of machinery shall be recognized).

Plaintiff

A around February 17, 2012 and March 13, 2012, 2012, Defendant D, one of the objects of the instant lease agreement, shall be the 1st floor of the G-ground light steel frame and the duct roof at Jeju-si, 201, which is the object of the instant lease agreement.

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