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(영문) 대전지방법원 2017.10.26 2016나8433
손해배상
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 9, 2011, the Plaintiff Yesung A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) was established for the purpose of leasing real estate, collecting forest aggregate, collecting aggregate on land, etc., and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) was established on April 1, 201 as a corporation established for the purpose of collecting aggregate, sand, etc. with its head office located in Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on April 1, 2016, whose representative director was C and D at the time of its establishment.

On December 15, 2015, E Co., Ltd. had its head office in Kimhae-si F, and the representative director was a corporation established for crushing, gathering earth, sand, and rock.

Plaintiff

On February 23, 2016, the Plaintiff Company entered into a lease contract between the Plaintiff Company and E with the Plaintiff Company on February 23, 2016, the Plaintiff Company entered into a lease contract between the Plaintiff Company and E with the content that it shall pay the Plaintiff Company KRW 100,000,000 as deposit money, monthly rent 21,00,000,000 as deposit money, and monthly rent 21,00,000,000,000 as deposit money (hereinafter referred to as the “former lease contract of this case”). The main contents are as follows.

Article 2(1) The period of contract shall be from February 23, 2016 to February 22, 2018. (2) The period of contract agreement shall be two years, but may be extended by mutual consultation after completion of the contract.

Article 3 (Deposit and Rent) - (V. A. T. Map) - Monthly Rental Fee (Fee) 50,000,000 6,000,000 machinery usage fee of 50,000,000 machinery usage fee of 50,000,000 15,000,000 1) E shall lease and use the machinery of the Plaintiff Company to carry on the business, and shall pay the machinery deposit and rent as above. 2) E Co., Ltd. shall be the Plaintiff Company.

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