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(영문) 수원지방법원 2020.12.23 2020나56070
손해배상
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On January 1, 2015, the Plaintiff entered into a contract to lease D land and its ground storage (hereinafter “instant warehouse”) with the Co-Defendant Incorporated Incorporated Incorporated Co., Ltd. (hereinafter “C”) by setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,870,000 (including value-added tax) and KRW 1,870,000 (including value-added tax) and the lease term of KRW 31, 2016 (hereinafter “instant lease agreement”) with the Co-Defendant Incorporated Incorporated Incorporated Incorporated Co., Ltd. (hereinafter “C”), and the said contract was explicitly renewed even after the lease term expires.

B. On August 1, 2017, C entered into a contract for the transfer and takeover of facilities (hereinafter “instant transfer contract”) with the content that E and E take over all of the machinery equipment, etc. of the Defendant’s warehouse in this case.

C. Accordingly, C notified the Plaintiff of the instant transfer contract, and requested the Plaintiff to change the lessee of the instant lease agreement to the Defendant designated by the said E, and around that time, the Plaintiff drafted a contract with the Plaintiff stating that “The Plaintiff shall lease the instant warehouse to the Defendant by setting the lease deposit amount of KRW 10,000,000,000, monthly rent of KRW 1,870,000 (including value-added tax) and the lease period of KRW 1,870,00,000 (including value-added tax) as of August 1, 2019 (hereinafter “instant contract”).

The Defendant did not pay the Plaintiff KRW 10,000,000 as the lease deposit stipulated in the instant contract, and registered the business with the name “F” on August 3, 2017, when the location of the warehouse was the location of the instant warehouse. The Defendant changed the operator of the instant warehouse to “F”.

From around that time to November 30, 2017, the warehouse of this case was occupied and used for the above “F”’s business.

E. Meanwhile, the Plaintiff paid the total of KRW 1,721,270 on behalf of the Defendant in relation to the instant warehouse.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 1, Eul evidence 1, 2, Eul evidence 7, the purport of the whole pleadings

2. The parties’ arguments and arguments.

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