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(영문) 수원지방법원여주지원 2019.08.28 2018가단51664
손해배상(기)
Text

1. Defendant C Co., Ltd and D Co., Ltd. jointly share to the Plaintiff KRW 5,984,000, and Defendant Co., Ltd.

Reasons

1. Facts of recognition;

A. On January 1, 2016, the Plaintiff entered into a lease agreement with Defendant C (hereinafter “Defendant C”) with the terms that the 250 KVA water distribution team (hereinafter “instant water distribution team”) set the lease period from January 1, 2016 to June 30, 2017, setting the lease period of KRW 7,205,00 (hereinafter “lease”).

Article 2 of the instant lease agreement provides that the water distribution team of this case cannot be subject to transfer.

B. Defendant C established the instant water distribution team on the instant model housing, including the land F in the original city of the Republic of Korea (hereinafter “instant model housing”), and paid KRW 7,205,000 to the Plaintiff on February 25, 2016.

C. On December 19, 2016, Defendant C entered into a sales contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) to sell all of the instant model houses and related facilities for KRW 400,000,000 (hereinafter “instant sales contract”).

The contents of the instant sales contract concerning the instant case are as follows.

Article 1 (Subject Matter) (2) Subject Matter: Article 7 (Change of Authorization) (1) The defendant D shall implement the procedures for change of various authorizations to take over and use the subject matter at the responsibility and expense of the defendant D, and the defendant C shall actively cooperate in achieving the purpose of authorization and permission of the defendant D.

(2) Temporary power, etc. related to the use of this subject matter shall be leased materials, and shall be changed in the name of Defendant D through consultation with the lessee under the preceding paragraph.

Article 9 (Matters under Special Agreement) (2) Defendant C shall actively cooperate with Defendant D in acquiring the lessee's status of the main land and electric pressure facilities.

On January 8, 2019, the Plaintiff recovered the instant water distribution team, which was installed in the model house of this case.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff.

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