손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On September 24, 2014, the Plaintiff entered into a contract with the Defendant to lease a deposit of KRW 10,000,000, monthly rent of KRW 600,000, and the period from September 24, 2014 (hereinafter “instant lease contract”). The Plaintiff paid KRW 4,50,000,00 for the instant store under the pretext of the premium and facility expenses for the instant store.
B. On September 24, 2014, the Plaintiff received delivery of the instant store, facilities, and equipment, and operated the frequency by May 2016.
[Ground of recognition] Facts without dispute, Gap 1, 2, 8, 9 evidence, Eul 6 evidence, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The gist of the Plaintiff’s assertion is that the Plaintiff could not run a business due to defects in sewage from time to time in the drainage outlet of the instant store. Since the Defendant did not fulfill its repair obligation, the Plaintiff’s service of the copy of the instant complaint on the grounds that the instant lease was terminated.
Therefore, the Defendant should pay to the Plaintiff the amount of KRW 10,00,000 for lease deposit, KRW 4,500,000 for premium, KRW 11,122,00 for operating loss as compensation for damages (per 83,000 for 134 days from May 12, 2016, the delivery date of the instant store), KRW 5,000 for consolation money, KRW 30,620,00 for 134 days from September 23, 2016, which is the expiration date of the contract.
B. The main point of the Defendant’s assertion is that the Plaintiff’s sub-performance was merely a reverse phenomenon due to the use negligence, such as dumping the by-products of the company, and there is no error to the extent that it is impossible to use and benefit from the store of this case, and thus,
3. In light of the facts without dispute, Gap 3 to 6, 12 evidence, and Eul 7 evidence (including paper numbers) and images, the fact that sewage was discharged at the outlet of the instant store several times during the instant lease period is recognized.
However, each of the facts found above, set forth in Eul 2, 6, and 7 (including paper numbers) and images;