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(영문) 부산지방법원 동부지원 2017.02.09 2016가단208947
손해배상(기)
Text

1. The Defendants each of the KRW 15,200,000 to the Plaintiff and 15% per annum from July 19, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation operating a business of installment financing and insurance agency within the Busan Shipping Daegu OF (hereinafter “the instant trading complex”) and the Defendants are the companies that sold the instant trading complex. The Defendants are the companies that sold the instant trading complex.

B. Nonparty P, the owner of the instant trading complex, delegated the right to lease the instant trading complex to Q Co., Ltd. (hereinafter “management corporation”). Accordingly, the management corporation concluded a lease agreement with the sales company and the installment financing company and the insurance agency, all together with the sales company and the sales company located in the instant trading complex.

C. On January 1, 2013, the Plaintiff entered into a lease agreement with the Management Commission and the instant sales complex with the content that part of ancillary facilities is leased at KRW 8,500,000 per month, and that middle and high-ranking sales companies, including the Defendants, entered into a lease agreement with the Management Commission on January 1, 2013 to lease commercial facilities at KRW 2,200,000, among the instant sales complex.

Around June 2014, two installment financing companies and insurance agencies were located as an ancillary facility to the instant sales complex, and two companies were closed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. In full view of the evidence, Gap evidence, evidence Nos. 4 to 12, 16, and Eul evidence Nos. 1 to 7 prior to the facts of recognition, the following facts can be acknowledged.

1. The Committee for Operating Committee of the O Trading Complex consisting of 25 companies located in the instant trading complex, including the Defendants, uses installment financing companies and insurance agencies located in the instant trading complex as the Addenda to the Operational Rules on June 9, 2014, when the instant trading complex was used, and in the event that it is run, the said Committee uses it to the Plaintiff.

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