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1. Of the judgment of the first instance, the part against Defendant B, C, AF, E, and F shall be revoked.
The plaintiff defendant B, C.
Reasons
1. Basic facts
A. The Plaintiff is a public corporation established on March 15, 1994 pursuant to Articles 49 and 53 of the Local Public Enterprises Act and the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of Urban Railroad Corporation.
The plaintiff, around February 198, has the authority to operate and manage subway 5 through 8 stations, electricity, telecommunication, tracks and other facilities, equipment and facilities, and divided superficies acquired by Seoul Special Metropolitan City from the Seoul Special Metropolitan City for the construction of subway 5 through 8 lines, electric vehicles and subway 5 through 8 lines, as an investment in kind, and to operate and manage subway 5 through 8 stations.
B. On February 12, 2009, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A Co., Ltd. (hereinafter “A”) stipulating that each of the large rooms listed in paragraphs (1) through (12) (hereinafter “each of the large rooms in the instant case”) was leased KRW 501,111,00,000, monthly rent of KRW 55,679,000, and the term of the contract from March 16, 2009 to March 15, 2014.
The main contents are as follows:
Article 9 (Deposit for Rental) (2) In the event of a cause for refund of the deposit, the plaintiff shall refund the deposit for lease at the request of the defendant A after completion of the order of the professional store, and shall not pay interest on the
Article 11 (Establishment of Facilities and Restoration of Original State) (1) The disposal of facilities necessary to relocate, remove, etc. (hereinafter referred to as "branch facilities") for the installation and operation of specialized stores, and all other construction incidental to the installation and operation of such facilities shall be implemented under the responsibility of the defendant A.
(5) Where this contract is terminated or terminated, the defendant A shall restore the facilities related to the operation of this project to its original state.
6. Defendant A cannot claim the expenses under paragraphs (1) and (5) to the Plaintiff.
Article 12 (Prohibition of Transfer and Lease) (1) Defendant A shall directly operate or entrust the operation of a specialized store, and he/she may not sublease or transfer his/her operating right, and may not provide a security.