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(영문) 수원지방법원 2016.12.09 2016가합2683
손해배상(기)
Text

1. The Defendants jointly share KRW 160,000,000 with the Plaintiff and the period from August 28, 2013 to December 9, 2016.

Reasons

1. Basic facts

A. From June 10, 201, the Plaintiff entered into and terminated a lease agreement with Defendant B (hereinafter “instant commercial building”) on or around June 10, 201, Nos. 301, 302, and 303, and 303-1 (hereinafter “instant commercial building”).

(10 million won and 5.5 million won (excluding value-added tax) shall be paid on the 30th day of each month with respect to the lease deposit, and a lease agreement (hereinafter “instant lease agreement”) shall be concluded by 12 months from June 30, 2012, with the term of lease fixed by 12 months.

(2) Defendant B operated a restaurant in the name of “Ecafeteria” at the instant commercial building, but did not pay the monthly rent as prescribed in the instant lease agreement from August 1, 2012, and the Plaintiff terminated the said lease agreement on the ground that Defendant B was not paid monthly rent at least three occasions.

B. On May 14, 2013, the Plaintiff filed a lawsuit against the Defendant B claiming the transfer of the instant commercial building by the Suwon District Court 2012Kadan58186, and won a favorable judgment of the provisional execution declaration book (hereinafter “relevant civil judgment”) (hereinafter “relevant civil judgment”).

(2) On November 14, 2013, Defendant B appealed as Suwon District Court 2013Na24372, but the judgment dismissing the instant commercial building became final and conclusive around that time. (2) The Plaintiff received the execution clause for the delivery of the instant commercial building based on the relevant civil judgment, and delegated enforcement to the enforcement officer, and the enforcement officer completed compulsory execution against the delivery of the instant commercial building from around 10:20 to 12:17.

C. Upon the completion of compulsory execution against India on August 28, 2013, the Defendants conspired to act of intimidation and damage to property and relevant criminal judgment 1) the facilities inside the instant commercial building (hereinafter “facilities of this case”) with a piracy prepared in advance.

(2) The Defendants destroyed and damaged the following criminal facts: (a) the Defendants were able to take care of and threaten the Plaintiff to take care of and threaten the Plaintiff.

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