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(영문) 춘천지방법원 2015.08.11 2014가단7059

손해배상(기)

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

A. From June 13, 2007 to December 2, 2014, the Defendant leased the first floor of the building located in Chuncheon City C from June 13, 2007 to operated the Mamart (hereinafter “the instant marina”).

B. On November 1, 2013, the Defendant concluded a sublease contract between the Plaintiff and the Plaintiff (hereinafter “instant sublease contract”) with the effect that, for the operation of refined land, raw ship, day, day, camping, and anti-culp (hereinafter “instant store”), part of the instant marina (hereinafter “instant store”) was set up on October 31, 2015 and sub-leaseed until October 31, 2015, and that the Plaintiff would receive 8% of the sales amount of the instant store from the Plaintiff as commission.

C. According to the instant sub-lease contract, the Plaintiff has been transferred part of the instant marinas from the Defendant, and operated a cryptop for the purpose of selling cryp, fruits, refined meat, and vegetable boats.

[Ground of recognition] Facts without dispute, entry of evidence No. 26, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff asserted that the Plaintiff was liable to compensate the Plaintiff for damages equivalent to KRW 47,850,000,00 which the Plaintiff suffered due to the Plaintiff’s failure to comply with the instant claim, while the Plaintiff was obliged to repair the defective coolant, and the Defendant asserted that most of the goods sold by the Plaintiff were stored in the air conditioners and did not cause causation between the breakdown and the damage. The Defendant’s failure to compensate for damages equivalent to KRW 47,850,000,00,000, which the Plaintiff sustained from November 2013 to August 2014, 2014, because the air conditioners were not properly operated.