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(영문) 서울동부지방법원 2017.12.22 2016가단146086
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds of the claim and the facts concerning the defendant's defense dispute shall be stated together for the convenience of the determination of the basic facts.

A. On June 20, 2016, C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with regard to the lease deposit of KRW 50 million, monthly rent of KRW 5 million, and the period from July 20, 2016 to July 20, 2018 with regard to the lease of KRW 90,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

1. As described in the note, “The installation of a lessor toilet and the factory floor (explosion) work shall be carried out. The lessee shall report the change under the lessor’s consent and restore the leased to its original state upon the termination of the lease in the future.”

1) It is unclear whether C is a real estate agent E who is the Defendant’s side, among the buildings that were found to be used as a factory for the purpose of establishing the Plaintiff’s corporate entity and running the waste home recycling business. At the time of the formation of the instant contract, C was present at the Defendant’s wife H, factory manager I, and the Defendant’s side (C and the Defendant’s wife) diagnosis on January 6, 2016. The Defendant’s wife actually concluded the instant contract on behalf of the Defendant; hereinafter “Defendant’s wife” refers mainly to H; hereinafter “Defendant’s side” did not attend the instant contract, and was notified to the Defendant’s side that the instant building was used as a factory for the creation of a new product by recycling the waste home before the closure of the building.

3. On the date of the conclusion of the above contract, KJ was present, and in order to vicariously perform the business of authorization and permission for the waste home recycling business to be run in the building of this case, C and J representative L entered into a contract for the preparation of civil engineering design books in the name of C and J representative L.

B. After the conclusion of the instant lease agreement, the Defendant’s side gives consent to the land use of the instant land and buildings at the J’s request.

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