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(영문) 수원지방법원 2016.06.02 2015가단131310
손해배상(기)
Text

1. All the claims of the primary plaintiff and the conjunctive plaintiff are dismissed.

2. The costs of lawsuit are ancillary to the Plaintiff.

Reasons

1. Basic facts

A. Defendant School Foundation D (hereinafter “Defendant Corporation”) is the owner of Youngwon-si E and 217 underground floor E (hereinafter “instant building”) in Suwon-si, Suwon-si, and leased the instant building to the Defendant C-building Occupant (hereinafter “Defendant Council”).

B. On July 30, 2014, the Defendant Council set the instant building to F on August 15, 2014 through August 15, 2015, the period from August 15, 2014 to August 15, 2015, the deposit for sublease 15,000,000, and the monthly rent 1,40,000.

On March 20, 2015, the conjunctive Plaintiff and Defendant Council, a staff member of G, prepared a new lease agreement on the condition that the Plaintiff succeeds to the terms and conditions of the F.F.

Preliminary Plaintiff established the primary Plaintiff on March 24, 2015, and the primary Plaintiff used the instant building as an office and a work room from that time.

C. On May 21, 2015, the Defendant Council sent to the primary Plaintiff a notice to the effect that the sum of KRW 6,690,730, such as rent, management fee, parking fee, etc. was overdue. On July 3, 2015, the Defendant Council sent to the primary Plaintiff a notice to the effect that “The period of the lease expires on August 15, 2015 and the Defendant Council requests the delivery of the instant building within the time limit.”

On July 14, 2015, the primary Plaintiff sought compensation for damages equivalent to KRW 54,300,000 in total due to water leakage in the building of this case until July 13, 2015.

‘A’ sent the content certification.

E. The Defendant Council, on August 13, 2015, delivered the instant building to the primary Plaintiff by August 14, 2015, and without paying KRW 3,857,010 for unpaid management expenses and unpaid KRW 7,00,000 for unpaid rent, is a plan to suspend the supply of electricity on August 17, 2015.

“The notice was given.”

F. On August 17, 2015, the Defendant Council taken a full-time measure on the instant building, and the Plaintiff and the primary Plaintiff.

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