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(영문) 서울중앙지방법원 2020.01.21 2019가단5191324
손해배상(기)
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. School Foundation D (hereinafter “D”) is the owner of the F building in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”); Defendant B is the head of the management office of the instant building; Defendant C is the head of the management office of the instant building; and Defendant C is the head of the management team.

B. On December 14, 2011, D entered into a comprehensive lease and operation agreement with G Co., Ltd. (hereinafter “management company”) on the instant building. The content of the instant case is as follows.

(hereinafter “First Contract”, “A”, “A”, and “A”, Article 1(Purpose) of the present Agreement is to enter into a comprehensive lease of the subject building to “B” so that A may operate a leasing business on the instant building after completion of construction process and completion.

Article 4 (Term of Contract) (1) This contract shall take effect immediately after the conclusion of the contract, and the term of the contract shall be five years from the commencement date of the lease.

If there is no written declaration of intent by three months prior to the expiration date of the contract, it shall be automatically extended every five years.

Provided, That the Party A shall not express his/her intention of termination unless he/she has breached a serious contract of Party B.

For the purpose of this Agreement, "major breach of contract" means where Eul fails to pay a security deposit or fails to pay a rent for at least three consecutive quarters.

Article 5 (Price of Contract) (1) In return for this contract, Eul shall pay 2 billion won as security deposit for the lease of a building subject to the contract to Gap.

(2) Eul shall pay 2.1 billion won (including value-added tax) for each year a rent for the relevant building.

Article 6 (Payment Method of Price) (1) For the formation of this Agreement, Eul shall pay KRW 100 million as part of the deposit under Section 5(1).

However, the agreement under this subsection shall be deemed to have been paid in full by the full payment of the daily amount already paid under the agreement.

Article 8 (Obligation of B) (1) B shall bear the comprehensive responsibility for the lease and management of the building in question.

(2)

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