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(영문) 대구지방법원 2020.01.16 2019나311413

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On December 12, 2015, the Plaintiff (F prior to the opening of the name) leased approximately KRW 25 square meters on the front part of the commercial building on the second part of the building on the second floor, Nam-gu E-si (hereinafter “instant building”) from D on December 12, 2015, with the lease deposit amount of KRW 7,000,000, monthly rent of KRW 300,000, and the lease term of KRW 300,000, from January 1, 2016 to December 31, 2020.

(hereinafter “instant lease agreement”). B.

The Defendants purchased the instant building from D, and completed the registration of ownership transfer in the future of the Defendants on March 27, 2017, and succeeded to the lessor’s status under the instant lease agreement.

From that time, the Defendants performed remodeling construction works on the instant building (hereinafter “instant construction”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. The Plaintiff asserted that at the time of commencing the instant construction work, the Defendants agreed to compensate the Plaintiff for damages incurred to the Plaintiff, if any.

However, around March 10, 2017, the Defendants arbitrarily removed the signboards of the restaurant operated by the Plaintiff in the instant building without the Plaintiff’s consent, and removed sshtains and toilets attached outside the restaurant around March 20, 2017 and around March 27, 2017, which interfered with the Plaintiff’s business.

As a result, the Plaintiff incurred damages of KRW 22,687,50, and KRW 90,787,500, and KRW 90,787,500 as a result of the Defendants’ failure to use and benefit from the remodeling work for the remainder of 15 months, even though the Plaintiff spent KRW 65,10,000 for the business losses for 7 months in comparison with the transfer of remodeling work, and KRW 30,787,500 for the Plaintiff’s signboard installation costs, the Defendants are jointly and severally liable to pay the Plaintiff KRW 90,787,50 and damages for delay.

3. Determination A.