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Reasons
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(영문) 수원지방법원 2015.07.01 2014고단4500
재물손괴등
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The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is an internal director of F, Inc., the owner of the building of Yeongdeungpo-gu E (hereinafter “instant building”) 101, 102, and 104, and the victim G is operating a restaurant of “I” each leased No. 101, 102, and 104 from the said company and another lessor H, respectively, (hereinafter “instant restaurant”). The Defendant and the victim have a mutual dispute as to restitution following the termination of the said lease.

On May 2014, the Defendant: (a) opened an entrance and intruded on the structure that the victim occupied by using the two keys, in order to show that the victim removed various interiors installed in the restaurant of this case; and (b) to those who wish to enter into a new lease contract, the Defendant infringed upon the structure that the victim occupied by using the two keys.

B. The Defendant destroyed and damaged property damage by inserting approximately KRW 50 million to the victim at the time and place specified in paragraph (1) and removing various interiors owned by the victim.

2. The gist of the Defendant’s assertion asserts that the Defendant entered the restaurant of this case in consultation with the victim (hereinafter “appellant”) and removed various kinds of interior words.

3. Determination

A. In full view of the evidence duly admitted and examined by this Court, the following facts are recognized:

(1) On September 3, 201, the complainant leased No. 101, 102, and 104 of the instant building owned by the said Company between F and F, the Defendant’s representative, KRW 20 million, monthly rent of KRW 2.6 million, and the lease period from September 3, 201 to September 2, 2013. On the same day, between the Defendant and F, the Defendant, who leased the instant building owned by the said Company, KRW 20 million, monthly rent of KRW 1.4 million, and the lease period from September 3, 2011 to September 2, 2013, by setting the aforementioned building owned by H as between September 3, 201 and September 2, 2013.

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