손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Defendant owned a house of 642m2, E large 495m2, F large 661m2, and a house of 661m2 and its ground, neighborhood living facilities (general restaurants), and a warehouse (hereinafter “instant real estate”) in the instant real estate until March 2018, and operated a pentine business in the instant real estate until March 2018.
B. On March 15, 2018, the Plaintiff entered into a lease agreement with the Defendant on the instant real estate with a deposit of KRW 20 million, monthly rent of KRW 4 million, and the lease term of KRW 10,000,000, and received the said real estate from the Defendant. Since then, the Plaintiff operated pents in the instant real estate until now.
C. In addition to the instant real estate, the Defendant owned the adjoining land C, and around August 2019, the following conclusion of the said lease agreement, the Defendant installed the instant pents around the boundary line of the land and the instant real estate.
[Ground of recognition] Facts without dispute, Gap 1 to 8 evidence, Eul 9 evidence (including paper numbers) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. On March 15, 2018, the Plaintiff concluded a lease agreement with the Defendant, and agreed to include C’s land, adjacent to the instant real estate, used as a gate of a pentthy, in the leased object, and to be transferred all the pents business, including the foregoing pents, telephone numbers, website, etc. from the Defendant.
However, the Defendant began to interfere with the Plaintiff’s pension business intentionally by putting the foregoing arrangement on April 2019, without transferring the phone number of pentine to the Plaintiff and not receiving the promise for pentine telephone. On August 2019, the Defendant installed the instant pentine on the boundary of the instant real estate and C land, thereby making the Plaintiff unable to utilize the instant pentine as a gate of the said pentine any more.
The plaintiff on May 2019 due to the defendant's obstruction of business.