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(영문) 인천지방법원부천지원 2015.02.11 2012가합9453
손해배상
Text

1. Defendant D’s KRW 2,626,435,00 for the Plaintiff and KRW 5% per annum from October 17, 2012 to February 11, 2015.

Reasons

1. Basic facts

A. On November 26, 2010, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) completed the registration of preservation of ownership of the instant factory Nos. 1 and F ground No. 2 (hereinafter “instant factory”), the part on “C warehouse” indicated in the ground plan of the attached Table 1 among the first floor of the instant factory (this part falls under the part on “in-house warehouse,” indicating “in-house parking lot,” and the two separate floors exist. Since there are no different structures, the height of the ceiling is almost the same as the ceiling height of the portion on “factory” indicated in the same drawings located on the second floor; hereinafter “the part on Defendant Co., Ltd.’s possession”), the part on “factory 1” (this falls under the part on “A” and “G” as indicated in the ground plan indicated in attached Form 1 and the part on “A”) and the part on “factory 1” in attached Form 2.

B. On October 6, 2012, the Plaintiff leased the leased deposit of KRW 30,00,000, monthly rent of KRW 3,000,000 (excluding value-added tax), and from October 15, 2012 to October 17, 2012, the Plaintiff kept the Plaintiff’s assistant participant, H’s representative, I, and K for the purpose of maintaining the clothing and its total amount of KRW 375,205,05 (hereinafter “the instant clothing”) entrusted upon the conclusion of the consignment sales contract between the Plaintiff’s Intervenor and K for each of the instant two floors from October 15, 2012 to October 17, 2012.

C. On June 7, 2011, Defendant D, from the Defendant Company, performed the manufacture and sales business of the maternity food, etc. with the trade name of “L” part 364 square meters on the “L” on the 1st floor of the instant factory (this refers to the part on the “factory3” indicated on the 2nd section of the attached Table 1 among the 1st floor of the instant factory (hereinafter “L”).

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