(영문) 인천지방법원 2018.01.17 2016가단248065

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(영문) 인천지방법원 2018.01.17 2016가단248065

손해배상

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a cooperative with the purpose of white and mushroom growing business.

The Defendant was a juristic person for the purpose of installing and operating facilities related to mushroom, and was leased from the Vindication-gun, Incheon Spogjin-gun, Incheon, and the buildings for mushroom cultivation on its ground (hereinafter “instant land and buildings”).

B. Around October 22, 2014, D, the Defendant’s representative director, entered into a contract on behalf of the Plaintiff on behalf of the Defendant for the term of KRW 100,000,000, KRW 5,500,000, and the term of the contract from December 1, 2014 to December 2016 (the term of the contract with the Vindication-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun-gun (hereinafter “instant lease contract”).

The Plaintiff paid 100,000,000 won to the Defendant, and received the instant building from the Defendant.

C. On June 3, 2016 and October 17, 2016, the Defendant sent to the Plaintiff a content-certified mail containing the following contents: “The contract term with the Vindication-gun is anticipated to be terminated on or around October 2016, and the instant lease contract is anticipated to be terminated on or around October 2016; thus, the Defendant is expected to notify the termination of the contract at the same time as the termination of the lease expires, and deliver the instant building to the Plaintiff.”

The loan agreement between the defendant and the pool-gun regarding the building of this case was terminated on October 31, 2016.

The Plaintiff continues to possess and use the instant building from November 1, 2016 to the date, and did not pay to the Defendant the rent from June 1, 2016.

[Reasons for Recognition] Gap evidence Nos. 1 to 3, Eul evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the contract between the Plaintiff’s assertion and the potter-gun, the Defendant may not sell or distribute the mushroom seeds produced from the instant building to the outside, and let a third party operate the mushroom seeds plant.

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