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(영문) 서울중앙지방법원 2017.01.13 2016가단5155969
손해배상 등
Text

1. The Plaintiff:

A. Defendant High-Tech Management Corporation (hereinafter “Defendant High-Tech”) shall be KRW 5,000,000 and its related date.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(except for part of dismissal against Defendant SD Development Corporation)

(a) Defendant High-Tech Management Corporation: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

(b) Defendant SD Development Co., Ltd.: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

3. The Plaintiff partially dismissed his claim for KRW 5,00,000 and damages for delay against Defendant SDD Development Co., Ltd., and on its ground of its claim, the Plaintiff asserted joint tort liability or liability for return of unjust enrichment with Defendant Advanced Management Corporation Co., Ltd.

However, there is no evidence to support the fact that Defendant SDD Development Co., Ltd. conspired with Defendant High-Tech Management Corporation and infringed on the Plaintiff’s ownership of the building listed in the separate sheet, and the above KRW 5,000,000 was paid by Defendant High-Tech Development Co., Ltd. as lease deposit when leasing the building listed in the separate sheet from Defendant High-Tech Management Corporation, and it cannot be deemed that Defendant SD Development Co., Ltd was unjust.

Therefore, this part of the Plaintiff’s claim against Defendant SD Development Co., Ltd. cannot be accepted.

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