beta
(영문) 의정부지방법원 2020.10.29 2019나211776

손해배상(건)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.

2. Determination

A. The court's explanation on this part of the plaintiff's assertion is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure

B. Determination as to the termination of the instant lease agreement is reasonable in light of the following facts and circumstances, which are acknowledged as follows: (a) the above facts of recognition, the evidence mentioned above, and the witness of the first instance trial as well as the witness H’s partial testimony: (b) the Defendant gave the Plaintiff an average of at least 25 million won monthly printed materials; (c) the Plaintiff obtained profit from the supply of printed materials by printing the printed materials provided by the Defendant using the printing machine that moved from the Defendant to a leased factory; and (d) the Plaintiff paid KRW 1,80,000 per month for the provision of printed materials and rent as part of its revenue. If the Defendant did not provide the Plaintiff with printed materials agreed upon, as stipulated in the instant printing machine printing contract, it is difficult for the Plaintiff to obtain profit by deducting the Plaintiff’s rent, transfer cost, personnel expenses, etc. from the price of supplied materials through the Defendant’s contracted printed materials; and (d) the Plaintiff was unable to conclude and terminate the instant lease agreement on the ground that the purpose of the instant printing machine contract and the instant printing contract cannot be concluded with the Plaintiff.

(2)