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(영문) 춘천지방법원강릉지원 2016.05.31 2015가합79
손해배상(기)
Text

1. The Defendant’s KRW 5,825,575 as well as the annual rate of KRW 5% from March 1, 2015 to May 31, 2016, and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that runs various gas manufacturing and sales business. On May 9, 2009, the Plaintiff leased “All real estate related to gas business, such as high-pressure gas storage, ELP warehouse, office, etc., and all movable property related to the gas business, such as gas containers listed in the attached Table 3,” to the Defendant as of the lease deposit amounting to KRW 60 million, monthly rent of KRW 2.5 million, and the lease period from June 1, 2009 to May 31, 201.

In the above lease agreement, even if the location of the business place is relocated according to the situation, the contents of the contract shall continue, and the amount of the gas container listed in the attached Form 3 shall be maintained at the time of the termination of the lease, but the amount of the general container shall be settled at KRW 50,000 and the amount container at the time of the change

B. On May 2009, the Defendant, in accordance with the above lease agreement, engaged in gas sales business under the trade name of “D” after delivery of the above gas sales facilities and gas containers. However, the Defendant, while moving the above place of business to the building listed in the attached Table 1 with overdue charge of KRW 27,80,000, moved the above gas facilities and gas containers, etc. to the location of the said building. On June 13, 2011, upon renewal of the lease agreement, decided to extend the lease period until May 31, 2012, and reduce the monthly rent to KRW 2,00,000 if overdue charge is paid.

C. However, as the Defendant did not pay the overdue charge properly, the Plaintiff started to recover the above gas containers distributed by the Defendant to the customer while deeming that the lease contract will be terminated from a policeman around December 2011.

E, the representative director of the Plaintiff, personally against the Defendant, filed an application for provisional injunction against the possession transfer or disposal prohibition of the said gas containers with the Gangwon District Court Branch Branch Office 2012Kadan14, and received the decision of provisional injunction, and then delegated the enforcement officer F to execute the above provisional injunction on January 2012.

However, as above, the Defendant arbitrarily removed the gas container for which the provisional disposition was executed.

E. The plaintiff is the defendant.

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