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(영문) 서울남부지방법원 2017.04.20 2015가합111786
손해배상(기)
Text

1. Defendant L:

A. The Plaintiff E’s KRW 7,680,00 and the annual rate of KRW 5% from December 31, 2015 to April 20, 2017.

Reasons

1. Basic facts

A. The Defendants are the parties. 1) The Defendants are N Co., Ltd. (hereinafter “N”).

Defendant L, Inc. (hereinafter “O”)

2) Each of the instant stores established in Jung-gu, Seoul (hereinafter “instant commercial building”) and located in P, Q, R, and S (hereinafter “instant 1 commercial building”).

2) As well as “V” of the first floor under the ground of the old U.S. building (hereinafter “instant second commercial building”).

(2) The buyers who entered into a lease contract with N on each shop of this case, and Plaintiff G, H, I, and J are the buyers who entered into a lease contract with N on each shop of this case, as seen below. The buyers who entered into a lease contract with O on each shop of this case with the second shop of this case.

3) Plaintiff E agreed with Defendant L to receive a lease fee from Defendant L for the successful lease sale of the instant commercial building’s leased business, and Plaintiff K lent money to Defendant L. (b) The Defendants leased each lease contract between the Defendants and W and the shopping malls. The Defendants leased the instant commercial building from W and X (hereinafter referred to as “W, including those included therein”) on October 29, 2014 to December 31, 2017, with the lease term of KRW 1.2 billion from January 1, 2015 to December 31, 2017.

According to Article 7 (4) of the above lease contract, the debtor stated that "the debtor shall submit to the administrator who is delegated by the lessor or the lessor the personal information of the merchants who actually engage in the business in the leased object and the plane (the drawing) whose business area can be known from the leased object."

W after the conclusion of the above contract, at the request of the Defendants, reduced the above lease deposit of KRW 1.2 billion to KRW 90 million.

2) The 2 commercial buildings in this case were jointly owned by many, other than Y and Z. However, the 2 commercial commercial building in this case is deemed to be the 2 commercial building props association (hereinafter “instant props association”).

The president Y and the Z shall be the second commercial buildings in this case.

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