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(영문) 대전지방법원서산지원 2019.05.16 2018가합51029
손해배상(기)
Text

1. The Defendant’s KRW 176,626,873 as well as 6% per annum from August 3, 2018 to May 16, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties and the defendant are companies engaged in the manufacture and sale of each ready-mixed, and C is the representative director of D, a joint representative director of the plaintiff company, E (hereinafter “E”).

B. On December 6, 2017, C entered into a lease agreement with the Defendant to provide that KRW 100 million shall be KRW 500,000 for the lease deposit for the Simsan-si and the Sim-si factory located G, KRW 50,000 for the monthly rent from March 2018 to December 31, 2019, KRW 60,000 for the first time from January 1, 2020 to the expiration date of the contract (excluding value-added tax), and KRW 60,000 for the lease period shall be five years from the date of the contract. According to the above lease agreement, KRW 10,000,000 among KRW 50,000 for the lease deposit, KRW 20,000 shall be the only one on December 29, 2017, and KRW 100,000,000 for the new lessee on December 29, 2017.

Around January 2018, the amount of KRW 500,000, which is the same as the lease deposit entered into with C was paid. Around January 2018, the land located in the F in Seosan City (hereinafter “instant F land”) which is a part of the object to be leased to C with C (hereinafter “I”) and the ready-mixed factory facilities (referring to all buildings, structures, machinery, appurtenant facilities and corporeal movables; hereinafter “instant two factories”) installed on the ground thereof, shall be paid as KRW 40,00,000,000 per month (value-added tax separate) and the term of the lease shall be set at five years from the date of the contract.

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