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(영문) 광주지방법원 2017.11.29 2016가단519367
손해배상(기)
Text

1. Defendant B’s KRW 56 million and KRW 50 million among them are 6% per annum from April 3, 2015 to May 30, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant C’s contract 1) is the Plaintiff’s ownership of 26,231m2,00 m2,00 m2,00 m2,00 m2,00 m2,00,000 m2,000 m2,000 m2,000,000,000 m2,000 m2,000,000 m2,000,000 m2,000,000 m2,000,000 m2,00,000

2. From 28. to 10 years, each stipulated lease contract was concluded.

3) Although Defendant C started the development of the forest of this case by using heavy equipment and started the development of the forest of this case, it did not pass thereafter, and thus, waived the progress of the construction due to disputes arising between F and F that introduced the forest of this case. (B) Upon the termination of the said lease agreement, the Plaintiff and Defendant B entered into a lease agreement with the Plaintiff on April 3, 2013 as to E and the forest of this case, with the annual rent of KRW 5.7 million, and the period from the same day to January 3, 2022 (hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

The rent shall be re-calculated as KRW 950 per actual reclaimed area of 3.3 square meters.

A civil petition that occurred during the forest construction project of this case is liable to F and E, and if the civil petition cannot be resolved, the lease contract of this case shall be terminated, and the lessor shall be responsible and liable to compensate for damages.

The construction cost shall be reduced from the rent.

A lessee shall remove the ground water and restore it to its original state upon termination of the instant lease agreement.

A lessor lends 50 million won to a lessee as security for construction costs and ground.

A lessee shall pay the above loan by December 31, 2014.

Interest shall be 8% per annum.

When a lessee violates the instant lease agreement, he/she shall compensate the lessor for all expenses, such as construction costs.

2 Defendant B sets as of April 3, 2013 the interest rate of KRW 50 million per annum and the due date of repayment on December 31, 2014, respectively.

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