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(영문) 전주지방법원 2016.05.04 2015가합2187
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The assertion and judgment

A. The plaintiffs asserted that they concluded each lease agreement with the limited liability company J or limited liability company K with Defendant H as the representative director (hereinafter "the company of this case") on the O building located in Y, M, and N (hereinafter "the building of this case"). Although the Defendants neglected to perform their duty to protect the company's property as a director of the company of this case, the building of this case was sold to a third party at auction as the Defendants neglected to perform their duty to protect the company's property of this case.

In the process, the Plaintiffs lost their opposing power under each lease agreement entered into with the instant company, and eventually became unable to recover the lease deposit paid to the instant company.

In addition, although the Defendants did not have the ability to refund the lease deposit when the lease contract was concluded with the Plaintiffs, they did not receive the lease deposit from the Defendants through the deception promising to sell the leased deposit, and the Defendants believed such deception by promising to renew the lease contract under the same conditions in the course of the auction procedure, and the Plaintiffs did not eventually recover the lease deposit.

Therefore, the Defendants are liable to compensate the Plaintiffs for damages equivalent to the amount of each lease deposit that the Plaintiffs suffered pursuant to Articles 567 and 401(1) of the Commercial Act or Article 750 of the Civil Act.

B. According to the results of the judgment Gap's evidence Nos. 3 and 4 (including paper numbers) of this court's request for delivery of each document to the law firm 00 and the Jeonju District Court's indictment, the plaintiffs entered into a lease agreement with the company of this case as stated in the separate sheet (the lease agreement contains the difference between the plaintiff A and the plaintiff B as stated in the separate sheet Nos. 302, 304, and 305).

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