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(영문) 광주지방법원 2015.09.04 2015가합1378
손해배상(기)
Text

1. The Defendant (Appointeds) KRW 89,663,091, KRW 123,330,870, KRW 55,205,472, and KRW 572, to the Appointeds C.

Reasons

1. Indication of claim;

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”, and if both the Plaintiff and the designated parties are named, hereinafter “Plaintiffs”) cultivated each of the above land as the Plaintiff’s owner of the field E 3,850 square meters (1,164 square meters, hereinafter the same shall apply) and F 2,023 square meters (61 square meters; hereinafter the same shall apply), G 6,393 square meters (1,93 square meters) and H 1,685 square meters (5 square meters) in G 6,393 square meters (1,93 square meters) and H 1,685 square meters (5 square meters) in G 3,616 square meters (1,093 square meters) in G 3,616 square meters (1,093 square meters) and Appoint D 2,043 square meters (618 square meters) and K 4,358 square meters (1,318 square meters).

B. On May 12, 2010, the Plaintiff entered into a lease agreement with the Defendant on May 17, 2010; the Selection C on May 20, 2010; and the Selection D on May 20, 2010; and each of the above lands owned by the Plaintiffs between the Defendant and each of the Defendant around that time, with a fixed term of KRW 1,500 per one year per each year (each contract date); and the term of lease three years; after the expiration of the term of lease, the Plaintiff agreed to sell pine trees planted by the Defendant on each of the above lands and restore them to the original state so that the Plaintiffs may live in the agricultural company.

C. The Defendant did not pay the Plaintiffs the rent under the above lease agreement, and the Plaintiffs did not recover even after the expiration of the term of each of the above lease agreements, and thereby incurred losses equivalent to the profits they would have accrued when cultivating a farmer, losses not receiving government-subsidized subsidies, and losses equivalent to the cost of restoring each of the above lands.

Therefore, the Defendant is obligated to pay to the Plaintiff 89,663,091 won, 123,330,870 won, 55,205,472 won to the Selection C, 97,724,067 won, and damages for delay calculated at the rate of 20% per annum from March 31, 2015 to the day of full payment, which the Plaintiffs seek after the delivery of a copy of the instant complaint, as well as from March 31, 2015.

2. The provisions of Article 208 (3) 2 of the Civil Procedure Act shall apply to deemed confessions;

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