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(영문) 수원지방법원 2020.04.22 2018가합25451
손해배상(기)
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 618,92,785 as well as Defendant B and C as from December 7, 2018.

Reasons

1. Basic facts

A. On May 25, 2016, the Plaintiff leased to Defendant B Co., Ltd. (hereinafter referred to as “Defendant Company”) the real estate listed in the attached list and electrical equipment, such as transformers installed in the attached list (hereinafter referred to as “instant factory”) for lease deposit amounting to KRW 65,00,000, monthly renting KRW 6,500,000, and the term of lease from June 10, 2016 to June 9, 2018.

(hereinafter “instant lease agreement”). B.

The Defendant Company obtained permission for the intermediate recycling business from the instant plant on June 17, 2016, and operated the said factory from that time. Defendant D was appointed as the inside director of the Defendant Company on December 13, 2016. Meanwhile, Defendant C, as the father of Defendant D, was practically operating the Defendant Company.

C. On March 31, 2017, the Plaintiff asserted the arrears in rent against the Defendant Company to the Suwon District Court and filed a lawsuit seeking the delivery of the instant plant.

(2017dada10080). On June 12, 2017, the above lawsuit was concluded by the mediation following the following reasons: (a) the Defendant Company shall pay 6,500,000 won each month from July 10, 2017 to June 9, 2018, which is the expiration date of the lease term; (b) the delayed payment exceeds twice, and (c) the instant lease agreement is naturally terminated if the delayed payment exceeds twice.

On July 19, 2017, a fire occurred in the factory in this case, and electric facilities, such as a factory building, temporary building, and transformers equipment in the instant factory, listed in attached Table 2 through 5, were relocated. A part of the wastes, which the Defendant Company, laid down in the factory site while operating the said factory, was destroyed by the Defendant Company.

(hereinafter “instant fire”) and in the process of the occurrence, extinguishment, and control of the said fire, the instant factory site concrete floor was partially damaged.

[Ground for Recognition: Facts without dispute, entries or videos (including paper numbers, hereinafter the same shall apply) in Gap evidence 1 through 26, 42

(2) The grounds of appeal No. 1

2. Occurrence of liability for damages;

A. Defendant.

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