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(영문) 춘천지방법원영월지원 2014.09.17 2014가단326

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 2009, the Plaintiff asserted that the Plaintiff used the closed school in the name of the Defendant Village Association (a branch school; hereinafter “instant closed school”) under the name of the Defendant Village Association. The Plaintiff agreed to bear the Plaintiff’s expenses. Accordingly, the Plaintiff prepared the business, such as the creation of tourist farms, while using the closed school in the name of the Defendant Village Association for lending it under the name of the Defendant Village Association.

Since then, the Plaintiff’s need to borrow the instant closed school under its own name in order to receive subsidies in relation to the above business, and if Defendant Village Association pays KRW 2,00,000 to the Plaintiff, the Plaintiff agreed to borrow the instant closed school on his own.

The Plaintiff paid KRW 2,00,000 to the Defendant Village Association in accordance with the above agreement. The Defendant Village Association created a written consent on the Plaintiff’s sole receipt of the loan of the instant closed school, and thus, revoked the said consent and breached the above agreement. Accordingly, the Plaintiff was unable to engage in the business that was prepared in the closed school of this case.

Therefore, Defendant Village Association is liable to compensate the Plaintiff for damages suffered by the Plaintiff due to the violation of the above agreement. The amount of compensation is KRW 3,240,180, and the Plaintiff paid for the period from December 21, 2009, KRW 2,500,000 for the Plaintiff’s education expenses for visiting farming families in order to develop the closed school of this case as tourist farm, KRW 4,50,000 for the floor inside the floor and the wall removal expenses of the closed school of this case, KRW 50,00,00 for the expenses for collecting landscape trees of the closed school of this case, KRW 1,50,00,00 for the removal expenses of the wall removal of the closed school of this case, KRW 1,50,00,00 for the electrical installation expenses for agricultural use of the closed school of this case, KRW 167,00,00 for electricity use fees, KRW 167,000, KRW 120,00, KRW 200 for the Plaintiff’s donations.