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1. All appeals concerning the Plaintiff’s claim for damages and the claims that were changed in this court on an exchange basis.
Reasons
1. Basic facts
A. On May 23, 2006, C established the Plaintiff (which was the trade name as at the time of its establishment, but was changed to “D Co., Ltd.” on July 28, 2011, and was changed to the current trade name on February 3, 2015). Since that time, C was appointed as the representative director of the Plaintiff and is in office until now.
B. On July 21, 2005, C entered into a lease agreement with the Defendant on Ei-ri (hereinafter “Ei-ri”) and G land (hereinafter “previous lease agreement”) with the Defendant. The main contents are as follows.
Marking of goods: F, Article 1 [Purpose of Use] Aggregate Scrapping, screening and camping places.
Article 2 (Deposit and Rent) Deposit shall be KRW 12 million per month, and rent shall be KRW 1 million per month (excluding value-added tax).
Article 3 [Contract Term] From October 1, 2005 to September 30, 2010
After the expiration of the lease period, the period may be extended through consultation.
Article 4 [Other Matters]
(a) A lessee shall use land as a good manager, and restore it to its original state upon the expiration of the lease term and return it to the lessor;
Provided, That where a lessor is required, the lessee may not remove the facility, and the facility shall belong to the lessor.
(b) If the contract is terminated after the expiry of the lease term, the lessee does not require the lessor to compensate for all the expenses invested to use the said land.
(c)a lessee shall be responsible for civil petitions or administrative and legal liability arising from leased articles.
C. On November 7, 2005, C prepared a statement to the Defendant stating that “All the expenses invested in relation to the change, etc. of land category (such as permission for conversion, etc.) after entering into a lease contract for F and G land by the principal, shall be deemed as compensation for the low lease period of five years, and shall not be required to make any compensation after the expiration of the contract.”
C thereafter F. G.