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(영문) 대구지방법원 2019.12.13 2018가단134434
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd (hereinafter “Defendant B”) entered into a lease agreement with the Plaintiff on nine occasions with the following content from February 5, 1997 to May 22, 2017 with respect to the installation and operation of telecommunications facilities and equipment on the fifth floor and rooftop (hereinafter “the fifth floor and rooftop of the instant building”) among the buildings listed in the attached Table (hereinafter “instant building”).

B. Defendant B, on February 1997, installed and operated the 5th floor and rooftop of the instant building, which was handed over by the Plaintiff from the Plaintiff (base station).

C. Article 13 of the lease contract No. 9 (hereinafter “instant first lease contract”) between the Plaintiff and the Defendant on May 22, 2017 provides for the following:

(Article 13(1)3 (hereinafter referred to as “instant clause”). Article 13(1) of the Act (Cancellation and Rescission of the Contract) is deemed to have been terminated by written notification in any of the following cases, and is deemed to have been terminated two months after the receipt of the termination notification:

1. Where “Lessee” has failed to pay rent, electric power fee, or management and maintenance cost on at least three occasions without justifiable grounds and the lessor has given notice to do so for a fixed period of at least two weeks, but fails to perform it: Provided, That this does not apply where the cause on the part of “Lessor”, such as the contact balance, exists.

2. Where it is difficult for the lessee to perform his/her duties due to the failure to take immediate measures, i.e., the lessor after the occurrence of the defect in the leased object;

3. Where it is difficult to attain the purpose of lease with respect to the leased object due to the failure to secure the transmission way necessary for the communications facilities without the responsibility of the civil petition for electromagnetic waves or the lessee, or due to the change in internal circumstances, such as the communications service of the lessee and the change in the planning of the dental station;

4. Where any other serious cause occurs that makes it impracticable to maintain this contract due to a court judgment, auction, seizure, dishonor, etc.

D. Meanwhile, Defendant.

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