(영문) 광주지방법원 2016.10.19 2015나8175 | 리걸엔진

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(영문) 광주지방법원 2016.10.19 2015나8175

손해배상(기)

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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).

Reasons

1. Facts of recognition;

A. On April 4, 2011, the Defendant: (a) from the Korea Asset Management Corporation, the purpose of use of the building in Gwangju-gu Seoul-gu (hereinafter “instant building”) is store stores prices; and (b) took out the loan (hereinafter “instant loan”); (c) from around that time, the Defendant operated a marina (hereinafter “DE”); and (d) Article 8(1)2 of the said loan agreement provides that the lender may cancel the loan agreement if the leased person subleases the leased property.

B. On August 26, 2013, the Defendant: (a) sold (hereinafter “sale of this case”) the instant building to the Plaintiff at a time when the Plaintiff sells (i.e., KRW 50 million, an intermediate payment of KRW 25 million until September 2, 2013; and (b) the remainder of KRW 20 million until September 27, 2013; and (c) determined the rent of the instant building by the end of April 3, 2016, with the period of KRW 3.8 million until April 3, 2016 (hereinafter “sub-lease”); (d) the Plaintiff asserted that the instant re-lease is a security deposit for the instant sub-lease contract; (e) however, there is no evidence to acknowledge this.

The plaintiff operated the instant marina from around that time, and the special contract for the said sale and sub-lease is stipulated as follows.

① In using the Defendant’s business name, the Plaintiff shall be liable for all accidents, business entities’ liabilities, fire, and theft that the Plaintiff caused during the period of use.

(2) A contract shall be null and void when the Plaintiff fails to fulfill an intermediate payment and any balance that the Plaintiff shall pay, and all the facilities, equipment, and goods invested shall be owned by the Defendant.

(3) The plaintiff shall pay all the national pension, medical insurance, electricity, waterworks, telephone, and all public charges during the period of use in the name of the business operator.

(4) The monthly advance payment amounting to 20,620,000 won shall be the remainder payment date.

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