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(영문) 광주지방법원 2015.01.16 2013가합7884
건물명도 등
Text

1. The Defendants: (a) KRW 136,67,00 for each Plaintiff and 5% per annum from December 27, 2014 to January 16, 2015.

Reasons

1. Basic facts

A. On January 28, 1994, Gwangju Metropolitan City newly constructed exhibition facilities on the ground of Gwangjubuk-gu, Gwangju Metropolitan City, a land in the I Park, and completed the registration of ownership preservation. On October 26, 2005, J Co., Ltd. newly constructed the water capacity of this case and completed the registration of ownership transfer based on donations in Gwangju Metropolitan City on the same day.

B. Gwangju Metropolitan City: (a) established the relevant amusement facilities including exhibition facilities and the instant water table in the I Park (hereinafter “instant amusement facilities”); (b) entrusted the management and operation thereof to K Co., Ltd.; (c) around 2005, the Defendant Co., Ltd. entered into an entrustment contract with K on the operation of the water table and operated the instant water table; and (d) Defendant C is a person who actually operates the Defendant Co., Ltd.

C. From July 1, 2013, K Co., Ltd. concluded a contract for the entrustment of management with the management commission fee of KRW 726,00,000 to be paid by the Plaintiff to Gwangju Metropolitan City during the period from July 1, 2013 to June 30, 2016 with respect to the instant facilities, including the water capacity of Gwangju Metropolitan City and the instant water capacity, on June 24, 2013.

The plaintiff and Gwangju Metropolitan City agreed that when the plaintiff or a third party intentionally or negligently damaged the above L facilities when concluding a contract for the entrustment of management, the plaintiff shall be liable for compensation and restoration to the original state.

From July 1, 2013, the Defendant Company suspended the operation of the instant hydrosium, and the Plaintiff sent a certificate of content to the Defendant Company to remove the facilities owned by the Defendant Company in the instant hydrosium on July 29, 2013 and August 5, 2013.

E. On July 19, 2013, the fire insurance contract for the instant water satisfaction pipes was terminated, and on August 1, 2013, the Defendant Company renewed the fire insurance contract with Hyundai Marine Fire Insurance Co., Ltd. and the insurance money of KRW 2.4 billion. The Defendant C is in accordance with the foregoing insurance contract.

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