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(영문) 수원지방법원 2018.05.16 2017나77886
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Of the 17,177.9 square meters in Pyeongtaek-si land owned by the Defendant (hereinafter “instant land”) 8,589 square meters in Pyeongtaek-si land (hereinafter “instant land”) is located within the F District.

The defendant entered into a contract for occupancy of the land of this case with the Korea Industrial Complex Corporation's Gyeonggi Industrial Complex Corporation's general warehouse business (hereinafter referred to as "Korea Industrial Complex Corporation") as "general warehouse business, other custody and warehouse business," and entered into a general warehouse business, etc. on the land of this case.

B. On July 11, 2013, the Plaintiff, a personal entrepreneur, engaging in freight forwarding brokerage business, etc., entered into a lease agreement with the Defendant to lease the instant land by setting the lease deposit amount of KRW 80 million, monthly rent of KRW 7.5 million, from August 1, 2013 to August 1, 2016 (hereinafter “instant lease agreement”).

At the time of the conclusion of the contract, the original and the Defendant agreed to the effect that “two copies of the separate logistics contract shall be prepared and attached” as stipulated in the special agreement (paragraph (3). The details of the attached logistics consignment agreement are that the Plaintiff entrusted the storage and customs clearance of goods to the Defendant, paid the storage fees for goods, and stored KRW 80 million for the purpose of guaranteeing goods distribution consignment, which are entirely different from the contents of the instant lease agreement.

(C) On May 19, 2015, the Plaintiff leased the instant land from the Defendant without concluding a contract for occupancy with the management agency as prescribed by Ordinance of the Ministry of Trade, Industry and Energy, even though the person who conducts or intends to conduct the manufacturing, etc. in the industrial complex, should conclude the contract with the management agency, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy.

‘Violation of the Industrial Cluster Development and Factory Establishment Act' is a crime which violates the Industrial Cluster Development and Factory Establishment Act.

by fine;

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